------------------------------------------------------------------- Man, mother arrested after police find marijuana plants at home (The Associated Press says that despite Washington state's new medical-marijuana law, Tacoma prohibition agents busted a 61-year-old woman and her blind son who has AIDS after finding three marijuana plants in their home. Police contend they acted properly because Kelly Grubbs, 35, and Tracie Morgan had no medical documents showing they were exempt from the law. Dr. Rob Killian, Grubbs' physician, acknowledged Thursday that he never gave the Tacoma man any document, but Killian said it should have been obvious to police that Grubbs' use of the controlled substance was covered by the initiative.) From: "Bob Owen@W.H.E.N." (when@olywa.net) To: "_Drug Policy --" (when@hemp.net) Subject: WA Man, mother arrested after police find marijuana plants at home Date: Fri, 1 Jan 1999 19:24:58 -0800 Sender: owner-when@hemp.net Man, mother arrested after police find marijuana plants at home The Associated Press 01/01/99 5:12 PM Eastern TACOMA (AP) -- A 61-year-old woman and her blind son who has AIDS were arrested after Tacoma police found three marijuana plants in their home. The American Civil Liberties Union of Washington is investigating whether the arrests thwarted the intent of a recently passed initiative that lets patients with certain illnesses grow and keep a 60-day supply of marijuana. "At this point, we don't know what end is up. We are still wanting to know the details," said Gerard Sheehan, ACLU legislative director. "But we're real interested in this, and we are very concerned if the facts turn up to be as we have been told." Police contend they acted properly because Kelly Grubbs, 35, and Tracie Morgan had no medical documents showing they were exempt from the law, which also provides protection for caregivers. Morgan is Grubbs' designated caregiver. In addition, it requires people claiming the right to possess small amounts of marijuana have police documented evidence that they are exempt from prosecution. That would usually include medical records proving the existence of terminal or debilitating disease and a document showing that a physician had discussed the potential medical benefits with the patient. Dr. Rob Killian, Grubbs' personal physician, acknowledged Thursday that although he had talked to Grubbs about the medical benefits of marijuana in November, he never gave the Tacoma man any document confirming the discussion. But, Killian said, it should have been obvious to police that Grubbs' use of the controlled substance was covered by the initiative. "This is not a borderline case," he said. "This was a clearcut, obvious mistake." Grubbs spent Wednesday night in jail and was released Thursday. "He spent two days in jail getting his head screwed up and his body, too," Morgan said. "I'm really worried about him. I'm very upset." Her son was diagnosed with an advanced stage of AIDS in 1996, she said. Since then, he has had a stroke, lost his eyesight and is semiparalyzed on one side of his body. But medications have caused a recent rebound, she said and marijuana is playing a role in improving Grubbs' eyesight. Federal law classifies marijuana as a Schedule I drug, meaning it is dangerous and has no medical benefit. Drugs such as cocaine and morphine are Schedule II drugs, which can be prescribed legally but are controlled because of the potential for abuse. Marijuana proponents say the drug has significant medical benefits, including reduction of nausea for cancer patients going through chemotherapy. There is still no legal way to obtain marijuana, despite the new law, which took effect Dec. 3. While it provides a legal defense to some seriously ill people and their caregivers if they are charged with illegal possession of marijuana, it doesn't prohibit police from investigating patients' use in the first place. Police came to Morgan's home on Wednesday when the electronic beeper Grubbs wears to summon help in emergencies was accidentally activated. Responding officers noticed the marijuana plants -- obtained from an organization that sells them to sick people -- and asked about them. "We told them right away, `Hey, we are medically legal,"' Morgan said. They were arrested when they couldn't show the required documented proof. Morgan was bailed out of jail quickly but Grubbs remained because of unresolved charges involving a 1987 case of possession of less than a gram of marijuana and a 1991 trespassing case. Tacoma police spokesman Jim Mattheis said no charges will be filed against Grubb and Morgan pending further investigation.
------------------------------------------------------------------- Prisons: Trying to catch up (The News Tribune, in Tacoma, Washington, says Governor Gary Locke is proposing a major prison construction program that will burden the state with eight prisons by 2003. "We're building a new 1,000-bed prison every 26 months," Locke said after revealing his budget plan last month.) From: "Bob Owen@W.H.E.N." (when@olywa.net) To: "HempTalkNW" (hemp-talk@hemp.net) Subject: HT: WA Prisons: Trying to catch up Date: Fri, 1 Jan 1999 19:18:40 -0800 Sender: owner-hemp-talk@hemp.net Prisons: Trying to catch up When state opens next one, it'll be time to build another, Locke says Joseph Turner; The News Tribune OLYMPIA - The state will open a new prison near Aberdeen next year, but it won't take long for it to fill up with the 1,936 inmates it is designed to house. State prisons already are so crowded that the state Department of Corrections is sending 150 to 200 prisoners to other states later this month. And that number could increase by several hundred by January 2000, when the $194 million Stafford Creek Corrections Center in Grays Harbor County opens. So Gov. Gary Locke is proposing a major prison construction program that will add space at existing prisons and add yet another new prison - the state's eighth - by 2003. "We're building a new 1,000-bed prison every 26 months,'' Locke said after revealing his budget plan last month. Once Stafford Creek opens, Washington will start taking back its prisoners from out of state, said Jim Thatcher, the prison system's chief of classification and treatment. But there won't be any room left over. "Most of the bed space already will be accounted for by the time Stafford Creek comes on line," Thatcher said. Ten years ago, Washington prisons had a surplus of space - so much, in fact, that as many as 2,000 inmates from other states were being housed here, for a fee. But Washington's prison population is on the rise. Voters and the Legislature have passed laws to mete out longer sentences to sex predators, repeat offenders and armed felons. And the segment of the population that is most likely to commit crimes - men between the ages of 18 and 54 - is growing. As of October, there were 14,259 men and women in state prisons, including those in work-release and pre-release centers. That number is expected to swell to 15,600 by mid-2001. In some prisons, inmates live in cells with double bunks while prison officials wait for the new buildings to come on line. Inmates in minimum- or medium-security facilities can share cells, but not criminals who are in maximum security, Thatcher said. Last year, nearly 7,000 people were sent to prison, while only 5,900 were released. That trend, noted by Locke, has state prison officials already looking for a place to build another 1,936-bed prison at an estimated cost of $243 million. Design work would begin next year, but the new facility - the state's eighth major prison - wouldn't be built until 2003. In the meantime, Locke is asking the Legislature for $277 million over the next two years to design, build or expand prison buildings. Among those projects: McNeil Island: A new building for sex predators who have completed their prison sentences but have been civilly committed for treatment. There are 60-80 former inmates in the Special Commitment Center today, but the new $42 million facility would house 200. "That population is growing more rapidly than originally projected," said Lanny Snyder, capital programs facility manager for the prison system. "We want to build them their own building inside the prison walls." That project would not be built until the 2001-03 budget period. Purdy: The Women's Correction Center at Purdy will be expanded to provide a new building for inmates with mental problems, physical disabilities or geriatric needs and to serve as a reception center for incoming inmates. The new building also is for 16- and 17-year-old girls who are serving sentences at adult institutions. They must be kept separate from the main prison population, a provision which also applies to teenaged inmates at male prisons. More than 1,000 state prison inmates are women. The $25 million addition would be built over the next two years. Walla Walla: "Lethal fences" would be installed around the building that holds death-row and other dangerous inmates at the state penitentiary. The electrified fences are intended as a security and cost-saving measure. It will cost less to operate the prison because not as many guards will be needed to watch prisoners from the towers, Snyder said. "A number of states have gone to a lethal fence system," Snyder said. "It's an electrified fence that can be set for stun-only. It would not be a lethal dose, but it would be enough of a shock to deter them." However, he added, the fences also could have enough voltage to kill an inmate, so they could be set to stun the first time they are touched and to kill the next time. Prison officials haven't decided what kind of system to install yet. Monroe: Design work would begin on a 512-bed expansion of the Twin Rivers Corrections Center. The $70 million prison wing wouldn't be built until 2001-03. In addition, the Special Offender unit, which has 144 inmates with acute mental problems, would be expanded to house 400 prisoners. That $43 million project would be built over the next two years. A 100-bed Intensive Management Unit also would be built at the State Reformatory at Monroe to house the most difficult inmates. Design work would begin next year on what eventually would be a $22 million facility. Joseph Turner covers state government. Reach him at 253-597-8436 or by e-mail at jjt@p.tribnet.com *** [sidebar:] South sound stakes in the governor's capital budget Prisons and colleges would get the bulk of the money in Gov. Gary Locke's proposed $2 billion capital budget for the next two years. Here are some of the smaller projects of local interest in Locke's 1999-2001 budget proposal: University of Washington Tacoma * $37.7 million for Phase 2 construction of 83,700 square feet of new and renovated space for about 600 students. The project includes a new science building and a new classroom building. Tacoma Community College: * $1.7 million for a 10,000-square foot addition to the existing student center. * $1.5 million to renovate Building 5 to allow space to increase enrollment. Construction from July 2000 to May 2001. Bates Technical College: * $8.4 million for renovations. Clover Park Technical College: * $1.2 million to design what eventually would be an $18.7 million Transportation Trades building for automotive technician, auto-body technician, automotive parts merchandiser, automotive upholstery and glass, recreational vehicle technician and marine programs. Construction between March 2000 and February 2001. * $9.5 million to build an aviation trades facility for aircraft maintenance, mechanics and repair and pilot-training programs. Construction between July 1999 and November 2000. Green River Community College: * $3.4 million to replace electrical and mechanical systems and make buildings compliant with Americans with Disabilities Act. Construction from July 2001 to July 2002. * $1.53 million contract to remodel Lindbloom Student Center building. * $7.5 million to buy and develop property in downtown Kent. * $350,000 to buy Lea Hill Park from King County. * $3.4 million for drama and music classrooms and labs. Highline Community College: * $6 million to build a 22,500-square-foot addition and renovation of Building 30 to accommodate computer labs, new entryway and fire sprinklers. Construction between September 1999 and October 2000. * $117,000 for predesign of what eventually would be an $18 million 21st Century Careers Center for occupational training. Construction would not begin until July 2003. * $2 million to buy the Federal Way Center, currently being leased by the college for classrooms. Museum of history and industry: * $5.75 million to move the Museum of History and Industry in Seattle from its present location near the University of Washington into the Washington State Convention and Trade Center in downtown Seattle. State Historical Society: * $1.7 million for earthquake-resistant work at the Stadium Way facility. Rainier School: * $450,000 for the laundry facilities at the Buckley school for the disabled. Western State Hospital: * $800,000 to finish renovation of a mental hospital ward. Orting Soldiers Home: * $1.8 million to upgrade the fire alarm, electrical and heating systems. Minter Creek: * $400,000 to finish renovation of the fish hatchery. Court of Appeals - Tacoma: * $2.45 million for office renovations. The governor's proposed budget also would designate $5.6 million for the Building for the Arts Program, which provides up to 15 percent of the cost of projects if local groups come up with the balance. Among those projects are: * International Glass Museum in Tacoma ($750,000) * Knutzen Theatre in Federal Way ($413,000) * Tacoma Art Museum ($1.25 million) (c) The News Tribune *** hemp-talk - hemp-talk@hemp.net is a discussion/information list about hemp politics in Washington State. To unsubscribe, send e-mail to majordomo@hemp.net with the text "unsubscribe hemp-talk". For more details see http://www.hemp.net/lists.html
------------------------------------------------------------------- Man Of The Year: Marvin Chavez (OC Weekly says the medical marijuana patient's "crime" was providing marijuana to other terminally ill and disabled Orange County residents. And unlike the police and prosecutors whose efforts led to his conviction last month on three marijuana-related felony charges, Chavez is anything but sophisticated. A straight-forward man by nature, the 42-year-old Santa Ana resident's chief crime was that he believed in the goodwill of the law-enforcement community and seriously misunderstood the legal complexities of Proposition 215, California's 1996 "Compassionate Use" initiative. It's too bad Chavez didn't wait for elected leaders to catch up to voters. Had he waited, he might have been celebrated as a hero. But to the hundreds of people in Orange County whose lives have been made more endurable because of the sympathy and bravery of Marvin Chavez, there's no waiting. He's already a hero.) Date: Mon, 4 Jan 1999 19:43:16 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US CA: Man Of TheYear: Marvin Chavez Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: FilmMakerZ Pubdate: Fri, 01 Jan 1999 Source: OC Weekly (CA) Copyright: 1999, Orange County Weekly, Inc. Contact: letters@ocweekly.com Website: http://www.ocweekly.com/ Author: Nick Schou MAN OF THE YEAR: MARVIN CHAVEZ In the eyes of the law, Marvin Chavez is a convicted felon. In the words of the man who busted him, now-retired Orange County Deputy District Attorney Carl Armbrust, Chavez is a "street drug dealer" who ran a "sophisticated drug operation" and "hid behind the law." Chavez's crime was providing marijuana to terminally ill and disabled Orange County residents. And unlike the police and prosecutors whose efforts over the past 12 months led to his conviction last month on three marijuana-related felony charges, Chavez is anything but sophisticated. A straight-forward man by nature, the 42-year-old Santa Ana resident's chief crime was that he believed in the goodwill of the law-enforcement community and seriously misunderstood the legal complexities of Proposition 215, California's 1996 "Compassionate Use" initiative. Prop. 215 passed in November 1996, when California voters overwhelmingly voted to allow terminally ill and disabled people to grow and smoke marijuana. As it turned out - and this is where people like Chavez get in trouble - the law doesn't spell out precisely how people too sick to grow marijuana for themselves can obtain a drug still illegal under state and federal law. Chavez's second crime was that he lives in Orange County. Had he lived somewhere else - say Arcata or Oakland - he would still be a free man; instead, he faces the possibility of a several-year prison sentence. Chavez grew up in the industrial, working-class barrio of Huntington Park. In 1972, when he was just 17, Chavez dropped out of high school. He begged his mother to sign paperwork allowing him to join the Marine Corps Reserve before his 18th birthday. She did, and Chavez served in the Corps for the next six years. In his spare time, he worked construction jobs and ultimately went into business for himself as a small contractor. He married and fathered two children, and then like millions of people who survived the 1980s, he developed a bad habit: cocaine. In 1991, Chavez was convicted of possession and sent to Tehachapi state prison for two years. Determined to get his life on track, Chavez participated in a work-furlough program. While being transported with several other inmates to a work site, Chavez suffered a back injury when the van he was in struck a parked Jeep. "From that day on, for the next five years, I was misdiagnosed," Chavez says. "They thought I was horseplaying because I was a convict." Chavez was transferred to the state prison in Chino, where he worked in the dining room. Mopping the floor one day in 1992, Chavez slipped and injured his back once again. Unable to walk or stand straight, he was finally given some pills and a back brace before being released from prison the next year. Free once again, Chavez found himself in constant pain. Worse, the medication he had been prescribed was turning him into a zombie. He didn't just feel no pain; he felt nothing at all and was incapable of even leaving the house. "The medication made me a hermit," he remembers. "I had mood swings. I didn't want to communicate with my sons. The side effects were too hard on me. I didn't want to be around people." He went to a doctor who ran a blood test and made the startling discovery that Chavez was suffering the onset of a genetically inherited spinal condition that can sometimes be triggered by back trauma. The disease, anklyosing spondilitis, inevitably fuses the victim's bones until complete paralysis takes over. It's a process that is as excruciatingly painful as it sounds. From visits to a public library and through appointments with local doctors, Chavez learned that many in the medical community saw marijuana as a safer, healthier painkiller and appetite-inducer than several of the medications he was already taking. Shortly after Prop. 215 passed, Chavez, then living in Garden Grove, decided to set up a nonprofit cannabis co-op, the Orange County Cannabis Patient- Doctor-Nurse Support Group. His goal was to help make marijuana available to sick people on fixed incomes who were unable to grow it for themselves. If Chavez was a drug dealer, he was an inept one. In late 1996, just weeks after Prop. 215's passage, he spoke with Garden Grove city officials, announcing his intention to open the co-op. He pleaded fruitlessly with the city elders for permission to set up an office somewhere in the city and wrote letters to Orange County Sheriff Brad Gates expressing his hope that OC law enforcement would work with him to ensure that the co-op would remain on the good side of the law. He religiously advertised his efforts in the local media, expanding on his vision with any reporter who would listen. The press interviews, the City Hall speechifying, the letters: it was an odd campaign for someone allegedly trying to run a criminal drug operation. But that's exactly what authorities said Chavez was doing when they arrested him in January 1998. Officials say they first discovered Chavez's criminal activities in late 1997, when police busted former San Bernardino County Sheriff's Deputy David Herrick in a hotel room with several baggies of marijuana marked "Not for Sale. For Medical Purposes Only." Herrick admitted he was a member of Chavez's co-op and allegedly told the cops he worked for Chavez. It was in the first week of January 1998 at Herrick's trial in the Orange County Superior Courthouse in Santa Ana that Chavez met the man who would ultimately make this a year he'll never forget: Armbrust. Armbrust approached Chavez and asked him if he had received his subpoena to appear at Herrick's trial. Chavez said yes and introduced himself. The two shook hands. The rest is history. What follows is only a brief summary of the major events of Chavez's life, culled from the pages of the OC Weekly over the past 12 months: On Jan. 14, just days after Chavez shook hands with Armbrust, police arrested Chavez and charged him with eight felony counts of selling marijuana. After a few days in county jail (during which time he was denied access to his medicine), a judge released Chavez with the admonition that he stop providing marijuana to members of his co-op. At the time, Chavez promised to do that. But when a patient Chavez had been helping-and who also had been subpoenaed by Armbrust to appear at Herrick's trial-died of cancer, Chavez had had enough of being told what to do. Police arrested Chavez again, along with OC cannabis co-op co-founder Jack Schacter, on April 9. They charged the pair with several more counts of selling marijuana to sick members of the co-op. The rationale: since money sometimes changed hands (because Chavez and Schacter accepted $20 donations to keep their co-op going), it was illegal. Besides, police said, at least two of the people Chavez had provided with marijuana weren't even sick, although they did have doctors' notes saying they were. They were undercover cops equipped with a forged doctor's note. "I wasn't surprised at all that I was arrested," said Chavez. "I was just surprised at how long it took for them to do it and how it actually happened." On July 17, Herrick, who was not permitted to use Prop. 215 as a defense, was sentenced to spend four years in prison. A week later, Armbrust offered Chavez five years' probation-and no jail time-in return for a renewed promise that he would ignore his conscience and stop distributing marijuana to members of his organization. Chavez refused. In November, voters in four other U.S. states and the District of Columbia passed initiatives similar to Prop. 215. Meanwhile, Chavez's case went to trial, and he was convicted of three felony counts of selling marijuana and one count of sending it through the mail to a sick co-op member in Chino. A victorious Armbrust left the courtroom smiling; it was his last day in office, and he had gotten his man after all. But the jury's verdict was mixed-and apparently shaped by Prop. 215. Although it convicted Chavez of three felony charges, the jury handed him misdemeanor convictions on five remaining charges where it believed he was guilty only of giving away marijuana to sick people, still a violation of state law, but consistent with the intent of Prop. 215. Chavez faces one more hurdle in the new year: his Jan. 29, 1999, sentencing hearing. Chavez says that if he is sent to prison, he'll campaign to force authorities to allow him to smoke his medicine and will organize other disabled or chronically ill patients behind bars to stand up for their rights under the law. By then, of course, the men who put Chavez behind bars will be gone from public life: Armbrust; Armbrust's boss, outgoing District Attorney Mike Capizzi; and Sheriff Brad Gates, who campaigned vociferously against Prop. 215. Also out of the picture will be state Attorney General Dan Lungren, who directed the crackdown on cannabis clubs throughout the state from his Sacramento office. He'll be replaced by the state Legislature's Bill Lockyer, whose sister and mother died of leukemia. Lockyer voted for Prop. 215 and followed Chavez's prosecution closely in the media. Regardless of what happens to Chavez on Jan. 29 - and we wish him the best - 1999 is shaping up as a much different year where Prop. 215 is concerned. It's too bad that Chavez didn't wait for elected leaders to catch up to voters before he risked his own liberty. Now, the political establishment prosecutes him as a common criminal; had he waited, he might have been celebrated as a hero. But to the hundreds of people in Orange County whose lives have been made more endurable because of the sympathy and bravery of Marvin Chavez, there's no waiting. He's already a hero.
------------------------------------------------------------------- Marijuana charges dismissed against pot advocate (A brief Sacramento Bee version of Richard Evans' recent home invasion by San Francisco police.) Date: Fri, 01 Jan 1999 14:08:42 -0600 From: "Frank S. World" (compassion23@geocities.com) Organization: Rx Cannabis Now! http://www.geocities.com/CapitolHill/Lobby/7417/ To: editor (editor@mapinc.org), DPFCA (dpfca@drugsense.org), Med Mj (medmj@drcnet.org) Subject: DPFCA: US CA SACBEE: Marijuana charges dismissed against pot advocate Sender: owner-dpfca@drugsense.org Reply-To: dpfca@drugsense.org Organization: DrugSense http://www.drugsense.org/dpfca/ Source: Sacramento Bee Contact: opinion@sacbee.com Website: http://www.sacbee.com/ Pubdate: January 1, 1999 Section: Cal Report MARIJUANA CHARGES DISMISSED AGAINST POT ADVOCATE SAN FRANCISCO (AP) -- The district attorney's office has dismissed charges -- for now -- against a nationally known medical marijuana advocate after police said they found more than $60,000 worth of packaged pot and child pornography in his apartment. Richard Evans, 35, was arrested after police searched his San Francisco home last Friday night. The charges were not permanently dismissed, but were "discharged" pending further review, said John Shanley, a spokesman for District Attorney Terence Hallinan. He said prosecutors planned to decide by next week whether to refile the charges. A silent emergency alarm alerted officers to Evans' apartment, where they said they discovered an elaborate marijuana growing operation. Evans was jailed on charges of cultivation and possession for sale of marijuana and possession of child pornography. Officers responding to the alarm forced their way into the apartment believing it may have been triggered by someone with a medical emergency.
------------------------------------------------------------------- Will Foster's parole recommendation on governor's desk! (A list subscriber says the Oklahoma medical marijuana prisoner's wife has left him, but Governor Frank Keating received his parole papers on Dec. 21 and has 30 days to sign them. Please write a polite letter suggesting the patient who was sentenced to 93 years for growing his own medicine has suffered enough.)Date: Fri, 1 Jan 1999 08:22:46 EST Originator: friends@freecannabis.org From: "James R. Dawson" (jrdawson@gnv.fdt.net) To: Multiple recipients of list (friends@freecannabis.org) Subject: Will Fosters' parole recommendation on governors desk! Dear Friends, There has been rumor that Meg Foster has left her husband, Will, in his time of need. Well let me clear this up. It is true. He will get over it but he needs us now more than ever. I was informed yesterday that Will Foster has been moved in the past week to Lawton Oklahoma. I will post his address on the website as soon as I have it. Governor Keating received Will's parole papers on December 21st and has 30 days to act on it. Please write Governor Keating politely asking that he grant Will Foster parole. Will has received outstanding commendations from his direct supervisors at the prison he has been incarcerated at. They have all personally written to the Governor on Will's behalf asking that he be released asap! Write to Governor Keating at: Gov. Frank Keating State Capitol Building, Room 212 Oklahoma City, OK 73105 (P) (405) 521-2342 (F) (405) 521-3317 or (405) 523-4224 he has two fax lines, (405) 523-4224 and (405) 522-3492. Web users can contact Gov. Keating (THE GOVERNOR OF OKLAHOMA), via a web form at: http://www.state.ok.us/osfdocs/gov_mail.html Gov. Keating's wife, Cathy Keating, can be contacted via e-mail at: cathy.keating@oklaosf.state.ok.us Cases like Will Foster's cause the emotions to run strong. Please remember that we make the best impact when we are polite, even while stating the issue directly and forcefully. Thank you for your help in this matter. Sincerely, James Dawson The "Action Class" for the Freedom of Therapeutic Cannabis 1998 http://www.fairlaw.org We are an "Action Class" which connotes non-passive, lawful, dynamic forward movement, in concert with each other, continually forming alliances and growing toward the ideal of freedom and equality for all. We are a grassroots convergence OF the people, Funding the actions of the class BY the people, Allowing us to work FOR the people! Joan Bello writing on the "Action Class" for the Freedom of Therapeutic Cannabis 1998 The Action Class for Freedom of Therapeutic Cannabis Plea for members and $$$ http://gnv.fdt.net/~jrdawson/class_plea_for_members.htm The Government's own programs PROVE that marijuana is a safe and effective medicine! There are currently Eight (8) Human Test Subjects who are provided marijuana from the government's own pot farm. Am I so different from them that I am denied equal access to this most beneficial medicinal herb? Will Foster 93 sentence slashed to 20 Years by appeals court Judge! See http://www.gnv.fdt.net/~jrdawson/willsrelease.htm Meg Fosters Letter http://www.gnv.fdt.net/~jrdawson/willmegsrant.htm How you can Help...Write the Governor of Oklahoma insisting that he sign Will Fosters' Parole Papers http://www.gnv.fdt.net/~jrdawson/willsparole.htm Free Will Foster in 1998! Say it ain't so Meg!
------------------------------------------------------------------- War On Drugs Needs A Complete Rethinking (An op-ed in the Standard-Times, in New Bedford, Massachusetts, by Robert Whitcomb of Health Care Horizon and the Providence Journal, says there is no indication that the emphasis in the United States on "prevention and enforcement" has paid off. The heart of the problem is that the focus has been on trying to decrease use, rather than on decreasing the harm caused by the small group of users whose actions cause the most trouble.) Date: Fri, 1 Jan 1999 16:06:45 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: War On Drugs Needs A Complete Rethinking Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: John Smith Source: Standard-Times (MA) Contact: YourView@S-T.com Website: http://www.s-t.com/ Copyright: 1999 The Standard-Times Pubdate: Friday, January 1, 1999 Author: Robert Whitcomb Note: Robert Whitcomb is editor of Health Care Horizon and editorial page editor and a vice president of The Providence Journal http://www.projo.com WAR ON DRUGS NEEDS A COMPLETE RETHINKING IN LIGHT OF ITS POOR RESULTS Do "drug war" advocates really know what they want? Do they really seek to reduce the overall societal harm of illicit drug use, or do they just want to make a self-righteous statement about a human weakness? So far, at least, the overwhelming emphasis has been on "prevention and enforcement." This has involved massively expensive publicity campaigns, especially to discourage young people from using drugs, as well as many billions spent to build new prisons to house people who have problems with illicit drugs. There is little indication that this investment has paid off. And the heart of the problem, I think, is that the focus has been on trying to decrease the general prevalence of use, rather than on those whose actions cause the most trouble. We need a far more reasonable damage standard to apply to drug use, one that weighs the aggregate effects of drug use on society, and that aims at lowering the worst effects of that use. So far as the health of society goes, prevalence is really not that important. It's the extreme damage to society that comes from a small group of users. As many authorities have noted, most users of most drugs are not incapacitated by their use. Rather, it is a small hard-core group accounting for about 80 percent of total consumption that creates the enormous problems associated with drug use. This small group first became well known in the crack-cocaine epidemic of the '80s, when it was responsible for a vicious rash of violence, especially in the inner cities. Indeed, drug use was more widespread in the 1970s than in the '80s, but it was primarily marijuana use, which does not have the violence-spawning physical effects of cocaine. This hard core, many of whom use crack cocaine or heroin, are those who have the special set of severe problems associated with drug use -- not the college kid who smokes an occasional joint. These problems, of course, include crime, various diseases and injuries, family violence and breakup and a host of other personal problems that quickly become societal. Despite the mantra of prevention, it is obvious that prevention is too late for the already addicted who are at the root of most societal problems caused by drug addiction, or for those whose milieu is such that they are almost certainly going to start using illicit drugs and to stay on them. The emphasis for these people must be on treatment. This might have to be mandatory treatment. But we rely far too much on prison to deal with drug problems. It would be far better to encourage the establishment of more drug courts and similar bodies that can coerce drug offenders into repeated testing and treatment in lieu of incarceration, though the coercion can certainly include the threat of jail time. There should also be a major expansion of medication therapies for the addicted. This includes methadone and similar maintenance programs. It is obvious, from studies here and in Europe, that such programs help decrease crime and health problems among the hard core of long-term drug addicts. But laws still unduly restrict the use of methadone, and similar drugs, to specialized clinics. This should be changed. Methadone needs to be far more widely available. A California study found that the benefits of drug treatment were seven times the costs. Treatment generally costs a mere 10 percent of incarcerating someone in jail for drug possession. The latter puts hordes of nonviolent people with no other pathologies languishing behind bars, depriving society of the contributions of many gifted and hard-working citizens, and training those whose offense is substance addiction in other, far more socially destructive criminal arts. One of the barriers to dealing more effectively with the drug problem is a preoccupation with trying to get addicts to quit permanently. That may just be impossible for many or most of them. But society is bound to benefit -- in lower crime, medical costs and family instability -- during any time, however brief, when addicts are off their drugs. If treatment can keep people clean for at least a little while, we all benefit. We shouldn't demand perfection. The failure to focus on the core of the drug problem means that universalism becomes the enemy of the effective. Meanwhile, we should never forget that not only do the hard-core addicts benefit from programs focused on them, so, of course, do the people who become their victims when treatment is not offered. But should illicit drugs be legalized? Perhaps some of them, particularly marijuana, though total decriminalization of such drugs as cocaine and heroin might produce such a raft of public health problems, approaching that of alcoholism, that it wouldn't be worth it. Total decriminalization, indeed, could be just as foolishly a simple answer as the preposterous assertion that America can be made "drug-free." Fighting the drug war will have no end, and its pursuit will require a constantly adjusted combination of prevention, enforcement and, especially, treatment modalities. The appearance of new medications to ward off withdrawal's worst aspects should help. We know enough now to say that major inroads can be made against the drug problem, if officials are willing to ignore the rhetoric and start looking at where most of the ongoing "drug crisis" really resides -- with a relatively small group of hard-core users.
------------------------------------------------------------------- New Methadone Clinic Seizes Rich Opportunity (A staff editorial in the New Bedford, Massachusetts, Standard-Times comments unfavorably on city officials who think New Bedford doesn't need any more methadone clinics because they tend to attract addicts - that is what they are designed to do. New Bedford has enough of a problem that not one but two clinics can operate quite profitably. But the newspaper is concerned that not enough opiate addicts wean themselves off methadone, and insists the city needs to fund drug treatment programs promoting abstinence.) Newshawk: John Smith Source: Standard-Times (MA) Contact: YourView@S-T.com Website: http://www.s-t.com/ Copyright: 1999 The Standard-Times Pubdate: 1 Jan 1999 Section: Opinion NEW METHADONE CLINIC SEIZES RICH OPPORTUNITY IN A VACUUM New Bedford really hasn't come very far since the debate over needle exchange, when the victorious opponents satisfied their consciences with the empty promise that they really, really wanted treatment for drug addicts instead of "free needles." It was a resolution - New Year's or otherwise - that was forgotten almost as soon as the referendum results were in. This week Mayor Fred Kalisz was taken by surprise to learn that a new methadone clinic opened for business - and we do mean business - four months ago in the North End. The Center for Substance Abuse operates the clinic in a partnership with High Point Treatment Center, which provides counseling services. Now it is housed in a gray trailer on the waterfront in the North End; soon it expects to move into the Grinnell Mill building at 10 Kilburn Ave., where it will enjoy 80,000 square feet of floor space. We could call it the Methadone Mall. The take on all this from City Hall is that New Bedford doesn't want any more methadone clinics because they tend to attract addicts, which is of course what they are designed to do. New Bedford obviously has enough of a problem that not one but two clinics can operate quite profitably. At this point, unless there's something illegal about it, the mayor probably can't do a whole lot except complain about the new clinic. This one supplements the methadone already being supplied on Gifford Street by the very troubled Center for Health and Human Services, which for months has been under investigation by state and federal authorities. The clinic supporters point out that these methadone centers don't create new addicts; they simply tend to the needs of the existing ones. That's true as far as it goes, but it omits the fact that methadone clinics don't seem to be giving us any fewer addicts, either. Instead of being trapped on heroin, addicts are trapped on methadone. And instead of illegal drug dealers profiting by this scourge, now we have a whole new class of legal drug dealers profiting by it - and perpetuating the arrangement. So what's missing in all of this is what was promised with such passion by the opponents of needle exchange: treatment that is available and effective in weaning drug addicts off drugs entirely. Surely we're not going to start complaining now that this sort of thing is too expensive and unwelcome and therefore impossible, are we? Surely we aren't going to create an atmosphere in New Bedford that says to potential drug treatment facilities: "We don't want you here." In fact, the reverse needs to be true and City Hall has to get serious about vastly expanding the treatment options so that entreprenurial methadone peddlers don't move in and lock up the market. New Bedford needs to dry up the demand for drug treatment, not supply vendors with a steady stream of profitable customers that will come to them in perpetuity, the bills guaranteed to be paid by Uncle Sam. That's just another form of chemical and government dependence. When it comes to drug treatment, New Bedford's official policy is in need of a little rehabilitation of its own. Maybe some of the needle exchange opponents would like to volunteer some suggestions and we can all take them as New Year's resolutions.
------------------------------------------------------------------- Clinton To Request Funding For Prison Anti-Drug Program (According to the Orange County Register, the overweight smoker said Tuesday he would propose $100 million in his fiscal year 2000 budget for treatment and testing of offenders in prison, on probation or parole, plus $50 million for creating more local drug courts and $65 million for drug treatment in state prisons. Clinton also proposed adding $183 million more in similar programs for the 1999 budget.) Date: Wed, 6 Jan 1999 15:19:49 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US DC: Clinton To Request Funding For Prison Anti-Drug Program Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: John W. Black Pubdate: Jan 1, 1998 Source: Orange County Register (CA) Contact: letters@link.freedom.com Website: http://www.ocregister.com/ Copyright: 1998 The Orange County Register CLINTON TO REQUEST FUNDING FOR PRISON ANTI-DRUG PROGRAM President Clinton said Tuesday that he will propose $215 million in his next budget to test and treat inmates for drug use, to help them avoid returning to crime once they are freed. Clinton cited a Justice Department report that seven of every 10 federal prisoners had used drugs before their arrests, and one-fifth were on drugs when they committed the crimes that sent them to prison. Clinton's proposal sets aside $100 million in the fiscal 2000 budget for treatment and testing of offenders in prison as well as those on probation or parole. It also includes $50 million for creating more local drug courts and $65 million for residential drug treatment in state prisons. Clinton also announced the release of $120 million under the fiscal 1999 budget for drugfree-prison initiatives - $63 million earmarked for state prisons to provide tong-term treatment and intensive supervision for prisoners with the most serious drug problems.
------------------------------------------------------------------- Rehnquist slams U.S. crime laws (The Associated Press says Chief Justice William H. Rehnquist, in his annual year-end report on the federal judiciary, criticized Congress yesterday for making federal crimes out of offenses already covered by state law. Rehnquist said the number of federal criminal cases rose by 15 percent in 1998, to 57,691, the first double-digit increase since 1972.) From: "Bob Owen@W.H.E.N." (when@olywa.net) To: "_Drug Policy --" (when@hemp.net) Subject: Chife justice slams crime laws Date: Fri, 1 Jan 1999 19:16:28 -0800 Sender: owner-when@hemp.net Friday, 1 January 1999 Rehnquist slams U.S. crime laws WASHINGTON (AP) - Chief Justice William H. Rehnquist criticized Congress yesterday for making federal crimes out of offenses already covered by state law. In his annual year-end report on the federal judiciary, Rehnquist blamed the trend on pressure in Congress to ``appear responsive to every highly publicized societal ill or sensational crime.'' This pressure must be balanced against consideration of whether states are adequately handling such cases and ``whether we want most of our legal relationships decided at the national rather than local level,'' he said. Rehnquist, the nation's top judge, did not mention his impending duty to preside over a Senate trial of President Clinton, who has been impeached by the House. Yesterday the chief justice toured the Senate chamber and its anterooms for about an hour under tight security. Rehnquist's report said the trend of federalizing crimes has contributed to a double-digit increase in the number of criminal cases in federal courts and ``threatens to change entirely the nature of our federal system.'' ``Federal courts were not created to adjudicate local crimes, no matter how sensational or heinous the crimes may be,'' Rehnquist said. ``Matters that can be handled adequately by the states should be left to them.'' Rehnquist said the number of federal criminal case filings rose by 15 percent - to 57,691 cases - in 1998. ``Not since 1972 have the criminal filings risen by double digits,'' he said. Federal arson law cited As an example of a federalized crime, he listed a 1994 law that allows a large number of arsons to be prosecuted as federal crimes. Also, he listed three 1992 laws: the Anti-Car Theft Act, which federalizes carjacking offenses; the Child Support Recovery Act, which makes it a federal crime to fail to pay support for a child living in another state; and the Animal Enterprise Protection Act, which makes it a federal offense to travel interstate to disrupt zoos or circuses. The chief justice also urged Clinton and the Senate to end a ``political impasse'' of ``stunning proportions'' that has crippled a commission responsible for setting standards for federal criminal sentences. The U.S. Sentencing Commission - which since October has had no members - ``is unable to perform some of its core and crucial responsibilities,'' Rehnquist said. ``The president and the Senate should give this situation their immediate attention.'' Created by Congress in 1984, the sentencing commission's main purpose has been to establish guidelines for meting out punishment for those convicted of federal crimes. It was created to reduce disparity in federal sentencing and to help develop an effective and efficient crime policy. The commission lost its last member when a frustrated Chairman Richard Conaboy quit in October. The terms of the last three commissioners had expired that month. *** When away, you can STOP and RESTART W.H.E.N.'s news clippings by sending an e-mail to majordomo@hemp.net. Ignore the Subject: line. In the body put "unsubscribe when" to STOP. To RESTART, put "subscribe when" in the e-mail instead (No quotation marks.)
------------------------------------------------------------------- Chief Justice Blames Congress For Workload (According to the San Francisco Chronicle version, Rehnquist said the increased federal docket was due mostly to drug and immigration cases.) Date: Fri, 1 Jan 1999 20:09:30 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: Chief Justice Blames Congress For Workload Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: compassion23@geocities.com (Frank S. World) Source: San Francisco Chronicle (CA) Contact: chronletters@sfgate.com Website: http://www.sfgate.com/chronicle/ Forum: http://www.sfgate.com/conferences/ Copyright: 1999 San Francisco Chronicle Pubdate: 1 Jan 1999 Section: Page A6 CHIEF JUSTICE BLAMES CONGRESS FOR WORKLOAD Creating federal crimes burdens courts, he says Chief Justice William Rehnquist, in his year-end report on the judiciary, faulted Congress yesterday for turning local offenses into federal crimes, a trend that he said has overburdened the U.S. courts. Last year, the number of new crime cases in the federal judiciary rose by 15 percent, he said, the largest increase in nearly three decades. The rise was propelled mostly by drug and immigration cases, he added. Whether controlled by Democrats or Republicans, Congress has regularly created new federal crimes over the past two decades. Amid the ``war on drugs'' of the 1980s, Congress authorized federal prosecutors to go after drug dealers and ``drug kingpins.'' Next came carjackers, arsonists and those who flee their duty to pay child support. Recently, House Republicans have been pushing to make various juvenile offenses into federal crimes. The chief justice, adhering to the old-fashioned view, says the federal courts should be reserved for truly national matters. ``The trend to federalize crimes . . . threatens to change entirely the nature of our federal system,'' Rehnquist said. ``Federal courts were not created to adjudicate local crimes, no matter how sensational or heinous the crimes may be. State courts do, can and should handle such problems.'' At the Supreme Court, Rehnquist has pressed the same theme during his 26-year career. In death penalty cases, he has repeatedly called for a more hands-off approach by federal judges. When U.S. judges in California act to block the state from imposing a death sentence, Rehnquist can be counted upon to vote in favor of returning the matter to state officials. He also successfully persuaded Congress in 1996 to change federal law to make it harder for state death row inmates to have their cases reviewed by federal judges. In his year-end report, he urged the House Judiciary Committee to hold hearings to set general standards for when crimes should be federalized. Rehnquist suggested that federal jurisdiction be limited to crimes that cross state lines or those involving ``high-level state or local government corruption,'' which cannot be entrusted to state courts. A threshold consideration for creating a new federal crime is a ``demonstrated state failure'' to handle the matter, he said. Last year, the conservative chief justice used his year-end report to scold Senate Republicans for stalling on voting on President Clinton's nominees to the federal bench. His rebuke appeared to bring results. In 1998, 65 judges were confirmed by the Senate, a marked improvement from the 36 approvals in 1997 and 16 in 1996.
------------------------------------------------------------------- Chief Justice Identifies Congress As Source Of Overworked Judiciary (The Los Angeles Times version in the Baltimore Sun) Date: Fri, 1 Jan 1999 20:09:36 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: Chief Justice Identifies Congress As Source Of Overworked Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Robert Ryan (remryan@bwave.com) Source: Baltimore Sun (MD) Contact: letters@baltsun.com Website: http://www.sunspot.net/ Forum: http://www.sunspot.net/cgi-bin/ultbb/Ultimate.cgi?action=intro Copyright: 1999 by The Baltimore Sun, a Times Mirror Newspaper. Pubdate: 1 Jan 1999 Author: Los Angeles Times Staff CHIEF JUSTICE IDENTIFIES CONGRESS AS SOURCE OF OVERWORKED JUDICIARY Rehnquist says growth in caseload is spurred by new federal crimes Los Angeles Times WASHINGTON -- Chief Justice William H. Rehnquist, in his year-end report on the judiciary, faulted Congress yesterday for turning local offenses into federal crimes, a trend that he said has overburdened the U.S. courts. Last year, the number of new crime cases in the federal judiciary rose by 15 percent, he said, the largest increase in nearly three decades. The rise was propelled mostly by drug and immigration cases, he added. Whether controlled by Democrats or Republicans, Congress has regularly created new federal crimes over the past two decades. Amid the "war on drugs" of the 1980s, Congress authorized federal prosecutors to go after drug dealers and "drug kingpins." Next came carjackers, arsonists and those who flee their duty to pay child support. Recently, House Republicans have been pushing to make various juvenile offenses into federal crimes. The chief justice, adhering to the old-fashioned view, says the federal courts should be reserved for truly national matters. "The trend to federalize crimes threatens to change entirely the nature of our federal system," Rehnquist said. "Federal courts were not created to adjudicate local crimes, no matter how sensational or heinous the crimes may be. State courts do, can and should handle such problems." At the Supreme Court, Rehnquist has pressed the same theme during his 26-year career. In death penalty cases, he has repeatedly called for a more hands-off approach by federal judges. When U.S. judges in California act to block the state from imposing a death sentence, Rehnquist can be counted upon to vote in favor of returning the matter to state officials. He also successfully persuaded Congress in 1996 to change federal law to make it harder for state death row inmates to have their cases reviewed by federal judges. His interventions have not been limited to capital punishment, however. In 1995, the chief justice, speaking for a 5-4 majority, struck down as unconstitutional the federal Gun-Free School Zones Act, which made it a federal crime to possess a firearm within 1,000 feet of a school. The state of Texas already had such laws and other states could pass them, Rehnquist said in his opinion, and Congress had no authority to make such offenses a federal crime. In his year-end report, he urged the House Judiciary Committee to hold hearings to set general standards for when crimes should be federalized. Rehnquist suggested that federal jurisdiction be limited to crimes that cross state lines or those involving "high-level state or local government corruption," which cannot be entrusted to state courts. A threshold consideration for creating a new federal crime is a "demonstrated state failure" to handle the matter, he said. Last year the conservative chief justice used his year-end report to scold Senate Republicans for stalling on voting on President Clinton's nominees to the federal bench. His rebuke appeared to bring results. In 1998, 65 judges were confirmed by the Senate, a marked improvement from the 36 approvals in 1997 and 16 in 1996. In his new report, Rehnquist also faulted the White House and Congress for failing to appoint new members to the U.S. Sentencing Commission and for allowing judicial salaries to stagnate. For the fifth time in the past six years, judges have been denied a cost-of-living raise. As a result, the annual pay for U.S. judges has declined by 16 percent since 1993 when inflation is taken into account, he said. The seven-member sentencing commission is supposed to review and adjust the punishments for federal crimes, but the administration and Congress have not acted on new nominees to the panel.
------------------------------------------------------------------- Rehnquist Scolds Congress (A slightly different version in the Raleigh, North Carolina, News & Observer) Date: Fri, 1 Jan 1999 20:45:10 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: Rehnquist Scolds Congress Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: General Pulaski Pubdate: 1 Jan 1999 Source: News & Observer (NC) Contact: forum@nando.com Website: http://www.news-observer.com/ Copyright: 1999 The News and Observer Publishing Company REHNQUIST SCOLDS CONGRESS WASHINGTON -- Chief Justice William H. Rehnquist, in his year-end report on the judiciary, faulted Congress on Thursday for turning local offenses into federal crimes - a trend that he said has overburdened the courts. Last year, the number of new crime cases in the federal judiciary rose 15 percent, he said - the largest increase in nearly three decades. The rise was propelled mostly by drug and immigration cases, he added. Whether controlled by Democrats or Republicans, Congress regularly has created new federal crimes over the past two decades. Amidst the "war on drugs" of the 1980s, Congress authorized federal prosecutors to go after drug dealers and "drug kingpins." Next came carjackers, arsonists and those who flee their duty to pay child support. Recently, House Republicans have been pushing to make various juvenile offenses federal crimes. The chief justice says the federal courts should be reserved for national matters. "The trend to federalize crimes threatens to change entirely the nature of our federal system," Rehnquist said. "Federal courts were not created to adjudicate local crimes, no matter how sensational or heinous the crimes may be. State courts do, can and should handle such problems." Rehnquist has pressed this theme during his 26 years on the Supreme Court. In death penalty cases, he has called repeatedly for a more hands-off approach by federal judges. When U.S. judges in California act to block the state from imposing a death sentence, Rehnquist can be counted upon to vote in favor of returning the matter to state officials. He also successfully persuaded Congress in 1996 to change federal law to make it harder for state Death Row inmates to have cases reviewed by federal judges. Rehnquist's interventions have not been limited to capital punishment, however. In 1995, the court, voting 5-4, struck down as unconstitutional the federal Gun-Free School Zones Act, which made it a federal crime to possess a firearm within 1,000 feet of a school. Texas already had such laws, and other states could pass them, Rehnquist said in his opinion, and Congress had no authority to make such offenses a federal crime. In his year-end report, he urged the House Judiciary Committee to hold hearings to set general standards for when crimes should be federalized. Rehnquist suggested that federal jurisdiction be limited to crimes that cross state lines or involve "high-level state or local government corruption," which cannot be entrusted to state courts. A threshold consideration for federalizing a crime is a "demonstrated state failure" to handle the matter, he said. Last year, the chief justice used his year-end report to scold Senate Republicans for stalling on voting on President Clinton's nominees to the federal bench. His rebuke appeared to bring results: In 1998, the Senate confirmed 65 judges - a marked improvement from the 36 approvals in 1997 and 16 in 1996.
------------------------------------------------------------------- 'Trend To Federalize Crimes' Decried (The Washington Post version in the San Jose Mercury News) Date: Fri, 1 Jan 1999 20:09:39 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: `Trend To Federalize Crimes' Decried Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Marcus/Mermelstein Family (mmfamily@ix.netcom.com) Pubdate: 1 Jan 1999 Source: San Jose Mercury News (CA) Contact: letters@sjmercury.com Website: http://www.sjmercury.com/ Copyright: 1999 Mercury Center Author: Roberto Suro, Washington Post `TREND TO FEDERALIZE CRIMES' DECRIED Chief justice says Congress burdens court system WASHINGTON -- Demanding a fundamental change in the nation's crime-fighting strategy, Chief Justice William H. Rehnquist on Thursday called on Congress to halt the politically popular practice of enacting federal laws against an ever-greater number of crimes once handled in state courts. ``The trend to federalize crimes that traditionally have been handled in state courts . . . threatens to change entirely the nature of our federal system,'' Rehnquist said in his year-end report on the federal judiciary. The chief justice was unusually blunt in questioning the motives behind recently enacted statutes that have made federal crimes out of misdeeds ranging from carjackings to failure to pay child support. And while Rehnquist has occasionally expressed concern about the growing jurisdiction of the federal courts, his new report is by far the most explicit and represents his first formal complaint to Congress on behalf of the federal judiciary. As a result, legislators and others who follow the courts said it appears certain to frame legislative debate in the coming year. This past year alone, the number of criminal case filings in federal courts jumped 15 percent to 57,691 cases, the biggest increase in 26 years and one that came on top of steady growth in prior years. Rehnquist put the blame squarely on Capitol Hill, saying, ``Congress has contributed significantly to the rising caseload by continuing to federalize crimes already covered by state laws.'' ``The pressure in Congress to appear responsive to every highly publicized societal ill or sensational crime'' needs to be balanced against a determination of whether the job can be left to the states, Rehnquist said, admonishing Congress to consider ``whether we want most of our legal relationships decided at the national rather than the local level'' the next time it feels such pressure. Besides carjackings and child support, other legislation has increased the federal government's jurisdiction in the areas of civil rights, drug trafficking and terrorism. Not all the laws that federalize crimes start in Congress, however. President Clinton, for example, launched an initiative on child abuse this week that featured a proposal to toughen federal homicide laws to include the death of a child resulting from a pattern of abuse and to encourage states to take a similar course. ``For the past decade both Congress and the White House have found that putting new offenses under federal jurisdiction is an easy way to earn bragging rights for being tough on crime, and these days passing a law federalizing a crime is especially attractive because you don't have to appropriate any money for it,'' said Ross K. Baker, a professor of political science at Rutgers University. Sen. Orrin G. Hatch, R-Utah, chairman of the Senate Judiciary Committee, disputed that contention in a statement issued Thursday in response to Rehnquist's remarks. ``One could argue that Congress' continuing commitment to a strong federal law enforcement effort and the associated increases in financial support for additional law enforcement officers and federal prosecutors has a greater and more immediate effect on criminal filings than do the few new laws referred to in the report.'' According to a recent study of the federal caseload by the government office that tracks such filings, a skyrocketing growth in immigration cases -- from some 2,000 cases in 1992 to more than 9,000 in 1998 -- is responsible for a big chunk of the increase. This results from initiatives to emphasize the prosecution of illegal immigrant smugglers and of foreign-born persons who re-enter the United States after being deported or after conviction for a serious crime while residing here. Drug cases constitute another large component of the growing federal criminal caseload, with an increase from fewer than 12,500 cases in 1992 to more than 16,000 in 1998.
------------------------------------------------------------------- Rehnquist: Too Many Offenses Are Becoming Federal Crimes (The complete Washington Post version) Newshawk: DrugSense Source: The Washington Post Copyright: 1999 The Washington Post Company Page: A02 Pubdate: Fri, 1 Jan 1999 Contact: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm Website: http://www.washingtonpost.com/ Author: Roberto Suro, Washington Post Staff Writer REHNQUIST: TOO MANY OFFENSES ARE BECOMING FEDERAL CRIMES Demanding a fundamental change in the nation's crime-fighting strategy, Chief Justice William H. Rehnquist yesterday called on Congress to halt the politically popular practice of enacting federal laws against an ever-greater number of crimes once handled in state courts. "The trend to federalize crimes that traditionally have been handled in state courts . . . threatens to change entirely the nature of our federal system," Rehnquist said in his year-end report on the federal judiciary. The chief justice was unusually blunt in questioning the motives behind recently enacted statutes that have made federal crimes out of misdeeds ranging from carjackings to failure to pay child support. And while Rehnquist has occasionally expressed concern about the growing jurisdiction of the federal courts, his new report is by far the most explicit and represents his first formal complaint to Congress on behalf of the federal judiciary. As a result, legislators and others who follow the courts said it appears certain to frame legislative debate in the coming year. This past year alone, the number of criminal case filings in federal courts jumped 15 percent to 57,691 cases, the biggest increase in 26 years and one that came on top of steady growth in previous years. Rehnquist put the blame squarely on Capitol Hill, saying, "Congress has contributed significantly to the rising caseload by continuing to federalize crimes already covered by state laws." "The pressure in Congress to appear responsive to every highly publicized societal ill or sensational crime" needs to be balanced against a determination of whether the job can be left to the states, Rehnquist said, admonishing Congress to consider "whether we want most of our legal relationships decided at the national rather than the local level" the next time it feels such pressure. Besides carjackings and child support, other legislation has increased the federal government's jurisdiction in the areas of civil rights, drug trafficking and terrorism. Not all the laws that federalize crimes start in Congress, however. President Clinton, for example, launched an initiative on child abuse this week that featured a proposal to toughen federal homicide laws to include the death of a child resulting from a pattern of abuse and to encourage states to take a similar course. "For the past decade both Congress and the White House have found that putting new offenses under federal jurisdiction is an easy way to earn bragging rights for being tough on crime, and these days passing a law federalizing a crime is especially attractive because you don't have to appropriate any money for it," said Ross K. Baker, a professor of political science at Rutgers University. Sen. Orrin G. Hatch (R-Utah), chairman of the Senate Judiciary Committee, disputed that contention in a statement issued yesterday in response to Rehnquist's remarks. "One could argue that Congress's continuing commitment to a strong federal law enforcement effort and the associated increases in financial support for additional law enforcement officers and federal prosecutors have a greater and more immediate effect on criminal filings than do the few new laws referred to in the report." According to a recent study of the federal caseload by the government office that tracks such filings, a skyrocketing growth in immigration cases - -- from some 2,000 cases in 1992 to more than 9,000 in 1998 -- is responsible for a big chunk of the increase. This results from initiatives to emphasize the prosecution of alien smugglers and of foreign-born persons who reenter the United States after being deported or after conviction for a serious crime while residing here. Drug cases constitute another large component of the growing federal criminal caseload, with an increase from fewer than 12,500 cases in 1992 to more than 16,000 in 1998. "Because Congress has not only federalized most drug crimes but has imposed draconian punishments for them, we have a situation now where prosecutors have the discretion to choose between bringing state charges or going to federal court where the same drug offense can produce dramatically higher sentences, and the defendant gets whipsawed in the process," said David Cole, a professor at the Georgetown University Law Center. Although federal drug charges often prove a potent tool for turning defendants into informants, this development is not entirely popular with federal law enforcement agencies. "We have gone from bringing primarily traditional federal cases involving big multistate or international drug-trafficking operations to a lot of much smaller cases generated by local law enforcement that sometimes tend to jam up the system," said Frank Scafidi, a national spokesman for the FBI. The rapid increase in immigration and drug cases in border states such as Texas and California has squeezed other types of cases off the federal docket. "It has made second-class citizens out of civil litigants," said David Berg, a Houston-based attorney who specializes in large commercial cases. In a recent fraud case involving a multinational corporation, Berg said, he chose to sue in local court because the trial was scheduled within six months compared with the three- to five-year wait he anticipated in federal court. "You have major civil cases that really deserve to be heard in federal court going to state courts because the federal docket is choked with criminal filings that don't belong there," Berg said. In his year-end report, Rehnquist cited a number of factors Congress should consider before assigning new responsibilities to the federal courts, including the need for additional resources, the impact on caseload and the potential for causing costly delays to litigants. In line with the conservative philosophy that has guided his tenure on the Supreme Court, Rehnquist argued that the fundamental standard for putting a crime under federal jurisdiction should be "demonstrated state failure" to deal with the matter. "Such an approach would reduce the likelihood that a particularly high-profile or egregious event would be enough on its own to justify new federal laws," he said.
------------------------------------------------------------------- Drug Prohibition And Public Health (An article in the January-February issue of Public Health Reports, the journal of the U.S. Public Health Service, by Ernest Drucker, Ph.D., a professor of epidemiology and social medicine at the Montefiore Medical Center of the Albert Einstein College of Medicine, says the relationship of prohibition to usage rates and health consequences of drug use has never been fully evaluated. An examination of national data for 1972-1997 shows that over this 25-year period, despite drastic increases in enforcement costs and an overall decline in the prevalence of casual drug use, there have been dramatic increases in drug-related emergency room visits and drug-related deaths. Further, while black, Hispanic, and white Americans use illegal drugs at comparable rates, there are dramatic differences in the application of criminal penalties, drug-related emergency department visits, overdose deaths, and new HIV infections related to injecting drugs. These outcomes may be understood as public health consequences of policies that criminalize and marginalize drug users and increase drug-related risks to life and health.) Date: Wed, 13 Jan 1999 15:21:26 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: Drug Prohibition And Public Health Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Kevin Zeese http://www.csdp.org/ Source: Public Health Reports, Journal Of The US Public Health Service Pubdate: Jan-Feb, 1999 Contact: phr@nlm.nih.gov FAX: 617-565-4260 Mail: Public Health Reports, Room 1855, JFK Federal Building, Boston, MA 02203 Author: Ernest Drucker, PhD Note: Dr. Drucker is a Professor of Epidemiology and Social Medicine, Montefiore Medical Center/Albert Einstein College of Medicine, a Senior Fellow with the Lindesmith Center/Open Society Institute, and Editor-in-Chief of the journal Addiction Research. Note: Address correspondence to Dr. Drucker, Dept. of Epidemiology and Social Medicine, Montefiore Medical Center, Bronx NY 10467; fax 718-798-6378; e-mail drucker@aecom.yu.edu Note: The tables and figures, not provided with this post, are currently available with the article in Adobe's PDF format at: http://www.of-course.com/drugrealities/acrobat.htm "We are making a difference. Drug use is down 50% over the last decade." - President William J. Clinton, Preface to The National Drug Control Strategy, 1998 [1] "When assessing evidence, it is helpful to see a full data matrix, all observations for all variables, those private numbers from which the public displays are constructed. No telling what will turn up." - Edward R. Tufte [2] DRUG PROHIBITION AND PUBLIC HEALTH S Y N O P S I S FOR THE PAST 25 YEARS, the US has pursued a drug policy based on prohibition and the vigorous application of criminal sanctions for the use and sale of illicit drugs. The relationship of a prohibition-based drug policy to prevalence patterns and health consequences of drug use has never been fully evaluated. To explore that relationship, the author examines national data on the application of criminal penalties for illegal drugs and associated trends in their patterns of use and adverse health out-comes for 1972-997. Over this 25-year period, the rate at which criminal penalties are imposed for drug offenses has climbed steadily, reaching 1.5 million arrests for drug offenses in 1996, with a tenfold increase in imprisonment for drug charges since 1979. Today, drug enforcement activities constitute 67% of the $16 billion Federal drug budget and more than $20 billion per year in state and local enforcement expenditures, compared with $7.6 billion for treatment, prevention, and research. Despite an overall decline in the prevalence of drug use since 1979, we have seen dramatic increases in drug-related emergency department visits and drug-related deaths coinciding with this period of increased enforcement. Further, while black, Hispanic, and white Americans use illegal drugs at comparable rates, there are dramatic differences in the application of criminal penalties for drug offenses. African Americans are more than 20 times as likely as whites to be incarcerated for drug offenses, and drug-related emergency department visits, overdose deaths, and new HIV infections related to injecting drugs are many times higher for blacks than whites. These outcomes may be understood as public health consequences of policies that criminalize and marginalize drug users and increase drug-related risks to life and health. *** WE ARE BY NOW accustomed to sharply opposing view-points and conflicting claims about our national drug policy and its results. A succession of Presidents and Congresses have led the field with calls for a "drug-free" America and "zero tolerance" and have enacted drug prohibitions with ever-harsher criminal penalties and more militant (and more expensive) enforcement tactics. In contrast, libertarian reformers like Nobel Prize winner Milton Friedman or conservatives like William F. Buckley, Jr., call for outright legalization of all drugs. And others (this author among them) call for a public health or "harm reduction" approach, [3] reasoning that dangerous drugs will always be with us and that we had better learn how to live with them in a way that minimizes their adverse health and social consequences. While this debate rages, we see continued (even rising) drug availability and ever-shifting patterns of drug use: crack and cocaine use are down, but marijuana and heroin use are becoming more popular among young people. [4] And, over the last decade, new and more lethal consequences of illicit drug use have emerged--including infectious disease epidemics (AIDS, TB, hepatitis B, and hepatitis C) linked to unsafe injecting and to the marginal life of the criminalized addict.[5] Meanwhile, of course, huge numbers of people continue to be arrested and imprisoned for drug offenses, the most specific expression of a policy based on prohibition and a punitive approach to drug users. Yet despite constant appeals for more and better drug treatment, we still see severe shortages in treatment programs [1] as well as limited success in dealing with the severest forms of addiction, that is, to heroin and cocaine. There is new and important Federal support for Methadone [6] (the drug treatment of greatest proven efficacy for heroin addiction [7] ), but public opinion remains sharply divided on the use of narcotic maintenance with New York's Mayor Guiliani recently calling it "enslavement" and taking steps to end treatment for thousands of patients currently under care in the city.[8] Further, while AIDS has refocused our attention on drugs as a public health problem, raising the stakes for epidemiologic research and demanding effective interventions to reduce the spread of HIV infection, even massive international documentation of the effectiveness of needle exchange programs has failed to shift a hostile Federal policy that bans funding for such programs because they give the "wrong message," that is, something other than "zero tolerance."[9] What then are our goals in drug policy? And what should they be? If "winning the war on drugs" was once the battle anthem of national drug policy, that metaphor is now rejected by many, including Gen. Barry R. McCaffery, Director of the White House Office of National Drug Control Policy (ONDCP), as fostering "unrealistic expectations for a speedy victory and a specific end to the campaign."[10] The General now believes the fight against cancer to be a better analogy--"stressing prevention and treatment."[10] Notwithstanding this more health-oriented view and the growth in Federal support for treatment programs, prohibition remains the major strategic goal of our national drug policy, under which treatment continues to be "backed up by a high level of social and legal disapproval" [10] and the strict enforcement of drug laws. This is most evident in the allocation of expenditures in the National Drug Control Budget for fiscal year 1998. Of a $16 billion total, more than $10.7 billion (67%) was devoted to drug law enforcement, interdiction, and supply reduction in the US and abroad.[1] In addition to representing the lion's share of current Federal funding, enforcement expenditures have shown almost two decades of steady growth--increasing tenfold since 1981. [1] (See Figure 1.) In the same period, Federal support for treatment and prevention has grown by only half that amount.[11] Even the recent innovation of drug courts, which steer arrested nonviolent users to treatment, represents an extension of Federal enforcement policy and funding priorities. This approach is still based on the continued vigorous prosecution of drug users, while using the criminal justice system to enforce compulsory treatment. Further, Federal budgets reflect only a small part of all public expenditure for drug control. In this country, most law enforcement occurs at the municipal and state levels, where annual enforcement expenses are estimated at more than $20 billion,[12] compared with approximately $7.6 billion for treatment from all government and private sources. [13] Thus, as we follow the money for the past 25 years, it is clear that enforcement has been the centerpiece of our drug policy, far outstripping other approaches to the problem. The consequences of disproportionate spending for enforcement are most visible in our society in the high rates of arrest and incarceration for drug offenses [14] (Figure 2), the increasing proportion of criminal justice activities devoted to drug offenses, and the rise in both over the past 25 years. While overall crime rates today are at their lowest in the past 25 years, arrests for drug law violations have reached a record high--more than 1.5 million in 1996, the latest year for which complete data are available.[14] State and Federal prisons and local jails today hold more than 400,000 drug law violators--60% of all Federal prisoners and more than 25% of state and local inmates.[14] (See Figure 2.) Although rates of drug use were already declining rapidly by 1980, between 1980 and 1990 there was a 1055% increase in new commitments to state prisons for drug offenses (from 8800 to 101,600).[15] New commitments continued to rise into the 1990s (Table 1). In 1980 there were 51,950 drug law violators behind bars in state and Federal prisons (8% of all inmates). By 1995 this number had increased more than 700% to 388,000 (25% of all inmates in a prison population now four times as large). This growth represents the clearest expression of a policy based on prohibition and the vigorous application of criminal sanctions for the use and sale of illicit drugs. The surge in incarcerated populations in the 1980s was due to harsher enforcement policies and longer mandatory sentences for possession of smaller quantities of drugs, including disproportionate penalties for possession of crack cocaine. This resulted in progressively longer prison terms for drug offenses and a widening gap in sentence length between drug offenders and those convicted of violent crimes [16] --which has helped increase the proportion of the prison population behind bars for drug offenses (Figure 2). And while some individuals are in prison for major trafficking offenses or violent crimes, more than 90% of drug offenders are arrested for possession or for low-level drug deals to support their personal use.[16] It is clear from these data that we have practiced what we preach, literally with a vengeance. There are more drug offenders behind bars today than the total incarcerated population of 1970. [17] Indeed, drug enforcement has accounted for such a large increase in our prison population that the US is now the Western democracy with the highest per capita rate of imprisonment.[18] What have been the effects on the patterns of drug use of this vast natural experiment in drug control policy? Proponents of a drug policy based on prohibition and its rigorous enforcement claim that their approach is working. See, for example, Figure 3, reprinted here from the ONDCP's 1998 National Drug Control Strategy,[1] which is used to support this contention. It shows that self-reported past month use of any illicit (that is, illegal) drug, and specifically of cocaine and marijuana, have declined sharply since 1985. While Federal drug control officials admit that the problem is still serious, costing at least 14,000 lives and $110 billion a year,[1] they assert that our approach has increased societal disapproval of drug use and lessened the extent and severity of the drug problem. Citing reductions in "casual use" of all illegal drugs by 50% (and of cocaine by 75%) since 1979, [1] in its 1998 National Drug Control Strategy, the ONDCP claims that we will do even better in the future and sets a new 10-year goal of a 50% reduction in overall drug use in America, to a level below the lowest point attained in the last 30 years.[1] These claims are greeted with some skepticism given the growing world market in illicit drugs. We are seeing greater availability of higher purity drugs at lower prices; from 1981 to 1996 the average price per pure gram of cocaine fell by 66% and the average purity of street heroin rose from 6.7% to 41.5%.[1] Increased crop acreage and expanded international traffic have driven a steady rise in the number of consumer and producer nations to at least 140 countries and a $500 billion world market, as has been well documented by the ONDCP, the US Drug Enforcement Agency, Interpol, and the United Nations Drug Control Program.[1] In a world awash in drugs, with widespread economic hardship and social dislocation to motivate their continued production and distribution, can we succeed in protecting our nation from drugs and their dangers by the application of our current policies? Apparently not. Despite reductions in adult use, the latest data from national surveys [19] show a sharp climb since 1991 in the prevalence of illicit drug use among American high school students--despite decades of intense enforcement and powerful anti-drug messages. (See Figure 4.) This primarily reflects increased use of marijuana, but use of the harder drugs also appears on the increase.[19] These climbing rates of teen use are a sentinel for the failure of our current policies to reduce the number of new users of prohibited drugs. And, interestingly, they are echoed in teen use of legal drugs-tobacco (despite the anti-tobacco crusades of the last few years) and alcohol--neither of which may be legally sold to people in this age group.[19] Are there other ways in which our drug policies are failing us? What do the data show? EVALUATING ALL AVAILABLE EVIDENCE Fortunately, in this country, we are in a position to evaluate the long-term relationship between drug policy and drug use by examining in detail some of the public health consequences of that policy. We have more than 25 years of information on changes in patterns of drug use in the US population and may hold these up alongside data on the use of criminal penalties, identifying long-term trends and health and social outcomes. Sources Of Data On Drug Use. The United States has the best funded, largest scale, longest functioning, and methodologically most consistent drug use surveillance and data monitoring system in the world. There are three major sources of national survey data on drug use in the United States: (a) The National Household Survey on Drug Abuse (NHSDA), conducted by the Federal government since 1973, measures the prevalence of drug and alcohol use among the US household population ages 12 years and older; expanded in 1991 to include college students, homeless shelters, and the military. (b) Monitoring the Future (MTF), conducted for the National Institute on Drug Abuse by the University of Michigan; surveys high school seniors (since 1972), and 8th through 12th graders (since 1982). (c) The Drug Abuse Warning Network (DAWN), a data collection program of the Substance Abuse and Mental Health Services Administration (SAMHSA), in place since 1972; annually samples more than 400 hospital emergency departments (ERs), reporting on ER visits in which both legal and illegal drugs are implicated, and also tallies medical examiner reports of deaths in which drugs and alcohol are implicated. Each of these surveys and the data they report have limitations: the household survey (NHSDA) underrepresents the homeless, and the survey of high school seniors (MTF) misses school dropouts, both groups with higher than average rates of drug use (for example, school dropouts are reported to have two to four times the rate of cocaine use of non-dropouts [1] ). And DAWN does not capture all hospital ERs. Another limitation, of course, is that given public law and private sentiment, one would expect a certain amount of under-reporting of personal drug use to researchers. This is probably most true for heroin, for which some Federal studies warn of substantial underreporting.[1] For these reasons, "harder" data on measures of drug-related morbidity and mortality, which are less dependent on self-report and more public than use per se, should be closely watched, recognizing that these reflect the adverse consequences of drug use and not simply its prevalence. But, despite these short-comings, data from large, ongoing, national surveys are very useful because they are consistent in their limitations and biases and allow us to create a reliable comparative picture of patterns and time trends in the prevalence of drug use over the past 25 years. They also permit us to see the demographic profile of drug users and to identify changes in this population over time. TRENDS IN POPULATION PREVALENCE, 1972-1977 Data on the prevalence of drug use are available by year for the major social and demographic categories (age, sex, "race") and for each of the illicit drugs (as well as for tobacco and alcohol use). The NHSDA collects data on use in the respondent's lifetime ("ever used"), in the past year, and in the past month ("current use"). NHSDA household survey data show that in 1997, 36% of the adult population ages 12 years and older reported some illicit drug use in their lifetimes, but that number dropped to 11% for use in the past year and 6% for the past month [20] - ratios that have not changed significantly in the national data in a generation despite changes in prevalence.[21] These data show that most illicit drug users are not "hard core" addicts and that most experimental or casual use does not eventuate in continued or regular use. From a public health perspective, past-month use is the most appropriate measure for looking at long-term changes in the prevalence of drug use because it captures all "current" or regular users (including dependent users) but only a small percentage of the much larger group who may have used drugs a single time or who are experimental or casual users. Figure 4 shows the NHSDA prevalence data for US population ages 12-17 years for past-month use of illicit drugs. As most health risk is associated with regular exposure to the "major" drugs - cocaine, heroin, stimulants, depressants, and hallucinogens,[22] it is useful to focus attention on the long-term trends in past month use of these drugs independently from trends for marijuana, which has consistently shown a higher prevalence since data collection began in the 1970s than all other illicit drugs combined. Unlike the data beginning in the mid-1980s that are presented to support the claim that our policies are working to reduce the prevalence of drug use (see, for example, Figure 3), these more complete and specific data on time trends make clear that the prevalence of drug use in the US has followed no simple course over the past 25 years. Use of the "major" illicit drugs rose in the early 1970s from a 1960s level estimated at less than 2% of the adult population ages 12 and older,[21] peaked at about 6% in 1985, and declined until 1992, when it started to rise again among teens (although the 1990s average was still only 2.3% of the adult population) (Figure 4). Trends In The Use Of Specific Drugs. While overall population trends in the use of any illegal drug are informative, individuals use specific drugs. Figure 6 shows 1979-1996 trends for each of the most commonly used illegal drugs. It is immediately apparent from this Figure that prevalence levels for the various drugs are markedly different and that each drug exhibits a different trajectory of use over the years. Marijuana dominates the picture, accounting for over 93% of all reported use of illicit drugs-- more than all other illicit drugs combined. Past- month marijuana use reached a peak of 13.2% of the adult (greater than 12 years) population in 1979 and declined until 1993, when it began to climb again--although to only a fraction of its former level, reaching 4.7% by 1996. Cocaine use rose most sharply exactly as marijuana use was declining, peaking at 4.6% of the adult (greater than 12 years) population in 1988 but declining to the 0.7% to 1% range for 1990-1998. The NHSDA reported heroin use to be relatively stable, at less than 0.1%, throughout the years from 1972 through 1979. (Heroin use is particularly covert and subject to rapid local changes in availability and use, changes not well captured in the household survey method, and the NHSDA does not claim great accuracy or reliability for its heroin data.) While there are no more reliable surveys than the NHSDA from which to document national levels of the use of heroin, the ONDCP has estimated (relying on local field studies and modeling techniques) that there are 810,000 chronic users of heroin in the US,1 0.3% of people ages 12 years and older. According to the ONDCP, this group now includes more younger (new) users, among whom there is clear evidence of a shift away from injecting to sniffing, an important change for AIDS risk but one that does not necessarily make the drug safer.[1] Do these trends in the prevalence of drug use bear any relationship to the steady rise in enforcement that we have seen over the same time period? The details about who uses drugs (and who does not) provide important clues to this relationship. WHO USES ILLICIT DRUGS? While the overall prevalence of drug use and the drugs of choice may have changed over time, the characteristics of the populations using these drugs has been more stable. Figure 7 shows the demographics of the population using illegal drugs for selected years from 1979 through 1997. Gender. From Figure 7, we can see that over this 19-year period, male use regularly outstripped female use by about 2:1 and both showed proportionate rises and declines as overall prevalence changed over time. Age. Initiation of the use of all drugs, both legal and prohibited, is principally an event of adolescence, especially ages 12 through 17. But the 18-25 age group, the group most at risk for criminal activity, arrest, and imprisonment, [16] consistently has the highest prevalence of use. We see lower rates of use as individuals "age out" of the lifestyles and social networks in which they used drugs; however, the increase in youthful drug use in the 1990s created new cohorts, some of whom will continue use as adults. So, for the present, we see a shift in the age mix of the drug-using population in the direction of youth. For example, in 1979, only 21% of current drug users in the 12-34 age category were younger than 18 years of age, but by 1997 that proportion was 33%, albeit of a total population of users half the size. "Racial" category. A common stereotype, fostered by the media, is that some "racial" or ethnic groups use drugs more than others. This is not borne out by the data. There are only small differences across "racial" categories in the prevalence of illegal drug use. And the declines in drug use seen from 1979 through 1997 are reflected in all groups. Some small age- and drug-specific differences by "racial" category appear over this 19-year period--for example, marijuana and amphetamine use has been heavier among whites, and cocaine use somewhat higher among blacks. But these differences are neither large nor consistent, and the recent trend of rising use in the 12-17 age group reflects virtually identical increases in the prevalence rates for all "racial" categories.[20] While the prevalence of drug use is an important measure of changing trends over time, from a public health perspective we are most concerned with health effects, seen in morbidity and mortality related to drug use. How do trends in these adverse outcomes correspond to the substantial changes we have seen in both enforcement and prevalence over this 25-year period? To answer, we turn to the data from the Drug Abuse Warning Network (DAWN). ADVERSE OUTCOMES DAWN was established in the mid-1970s by the Federal government to monitor two important outcomes of drug use--drug-related hospital ER admissions and deaths in which drugs are implicated. Surprisingly, these data show a distinctly different time trend from the data on the prevalence of drug use in the same time period (Figures 5 and 6). Both drug-related ER visits and deaths climbed steadily after 1979, the peak year for all drug use, rose most sharply in the mid-1980s just as the prevalence of use was declining most rapidly, and continued to rise through the 1990s, despite low and stable drug prevalence among adults. Drug- related ER visits rose by 60% from 1978 to 1994 (from 323,100 annually to 518,500) while overall ER visits increased by only 26%.[22] These increases are most strongly associated with the use of cocaine and heroin (Figure 8), which together account for fewer than 4% of all illegal drug use but are mentioned in more than 40% of all drug-related ER visits and more than 90% of deaths due to overdoses. And while there are a growing number of overdose deaths seen among the new, younger users of heroin,[1] the age-adjusted death rates show increases in every age group for the period 1985-1995,22 with the highest rates in the 35-44 age group (an older cohort of established users).[23] Overall, drug-related deaths more than quadrupled from 1976 to 1995--from 2136 to 9097 annually.[22,24-38] (See Figure 9.) It would appear that drug use is becoming more dangerous. Even as the numbers of drug users have gone down, the per-user rates of ER visits and fatalities have been much higher since the mid-1980s. If we measure the success of our drug policy in terms of adverse public health outcomes instead of prevalence of drug use, it is clear that we are doing worse, not better. But if the time trends in drug-related morbidity and mortality do not correspond to trends in the overall prevalence of adult drug use, as we would expect them to, what accounts for the sharp climb in both as prevalence declined? And to what extent is this increase a reflection or result of our drug policy? To answer these questions it is necessary to disaggregate the data. DRUG POLICY IN BLACK AND WHITE Disaggregating the data on adverse outcomes and drug enforcement by "race" suggests that the greater the intensity of criminal penalties, the greater the public health danger of drugs. The enforcement of drug laws is not applied equally to all groups: despite comparable rates of drug use, African Americans are disproportionately represented among imprisoned drug offenders. Figure 10 shows white, black, and Hispanic drug law violators as a proportion of all state prison inmates for 1986 and 1991. Today, state prison incarceration rates for African Americans for drug law violations are almost 20 times those of whites and more than double those of Hispanics.[14] From 1990 to 1994, incarceration for drug offenses accounted for 60% of the increase in the black population in state prisons and 91% of the increase in Federal prisons.[14] This trend corresponds to the higher proportion of African Americans incarcerated for all reasons: 6296 per 100,000 adults in 1995, compared with 919 per 100,000 for whites--a ratio of 7.5 to 1. [14] By 1995, 35% of all African American males ages 25-34 were under the control of the criminal justice system--behind bars, on probation, or on parole.[39] Drug enforcement (arrests, incarcerations, probation, parole) may itself be considered another adverse out-come of drug use--a measure of social morbidity with enormous negative consequences for those caught up in the criminal justice system. The damages that a prison record does to a young person's self-esteem and social and economic prospects are well known. In addition, a recent study reveals that in 1998, 3.9 million convicted felons (which includes all drug offenders), were disenfranchised as citizens and lost the right to vote.[40] Reflecting the disproportionately high rates of prosecution for drug offenses, disenfranchisement of African Americans occurs at three to four times the rate of whites. In states with the most restrictive voting laws, as many as 40% of African American men are likely to be permanently disenfranchised, according to the study's authors.[40] I would suggest, however, that drug enforcement can also be viewed as an independent variable--a causal factor responsible for worsening many of the social and public health problems that we normally attribute to drug use per se. Effects Of Differential Enforcement. Prohibition criminalizes all drug users, buyers and sellers equally. For those who are drug-dependent or addicted and cannot gain access to effective treatment, these laws dictate a life of crime and of degradation, deceit, and (for the poor) prostitution and drug trafficking to obtain the money needed to shop in a violent and expensive marketplace. Further, the drug user is continually exposed to risks to health and life--to infectious diseases through the re-use of injecting equipment (also criminalized and still prosecuted under drug paraphenalia laws) and to the unpredictable effects of illicit substances of unknown purity or potency. The powerful stigma of addiction relentlessly pushes the addict to the margins of society, away from family and social supports, medical attention, and employment--all factors that mitigate the dangers of drug use and promote recovery.[41] Although these pervasive influences of prohibition affect all users of prohibited drugs, the data show that the most negative health consequences of drug use are not evenly distributed--they fall most heavily on those who experience the highest rates of drug enforcement, African Americans. When the data are adjusted for the correct population denominators, they reveal a huge discrepancy in rates of adverse outcomes. While we see an overall rise in drug-related ER admissions for the total population throughout a long period of declining drug use (especially declines in the use of cocaine), these rates are very different across "racial" subgroups. African Americans fare dramatically worse than whites; in 1996, African Americans had 7.5 times the white rate of heroin-related emergency department visits and 11.5 times the white rate of cocaine-related visits (Table 2). In 1996, African Americans, who represent only 12% of the US adult population [42] and a similar percentage of drug users, accounted for 57% of ER drug admissions while whites (75% of the population 26 and a proportionate number of drug users) accounted for 31%.[12] A similar pattern is seen in the racially disaggregated data on overdose deaths in this period. African Americans have 3.5 times the rate of drug fatalities of whites,36 and while the overall trend is an increase for all groups, from 1980 to 1993 there was a 326% increase in drug abuse deaths for blacks but a 129% increase for whites and others (Figure 11). CONCLUSION: DRUG PROHIBITION VS PUBLIC HEALTH Large disparities in drug-related morbidity and mortality appear to be a powerful consequence of prohibition drug policies and their unequal application in our society. (See Table 3.) But they also point to a set of larger problems, evident in the historic relationship of US drug policies to public health. In the United States we have a long history of strong public sentiment about the use of all intoxicating substances--we alone in the Western world altered our national Constitution to ban alcohol for 14 years. Today's drug policies may be understood as the expression of an (almost) innocent wish to make dangerous drugs disappear by legislating their prohibition. A plausible case can be made that as drug use rose in the 1960s and 1970s, extending more widely and more openly into middle-class America, increasingly severe criminal penalties for the use of prohibited drugs and more rigorous enforcement was a predictable response. While the avowed motive of this policy, restraining the damages that can be caused by drugs, was (and is) a legitimate social goal, the cure has only worsened the disease. Drug laws and their massive, cruel imposition on millions of young men and women--not simply the use of drugs--have stigmatized and estranged our most disadvantaged minorities, creating a "new American Gulag"[18] with its own archipelago of prisons, jails, courts, probation, parole, and, most recently, compulsory treatment as an alternative to incarceration, blurring the boundary between treatment and punishment. As we build prisons instead of schools, the images of young black men being arrested and imprisoned for drug offenses continue to fill the news media. While all the data suggest little systematic difference in the prevalence of drug use by "race" or ethnicity, these images foster the belief that nonwhite Americans use drugs more than other Americans--an assumption that goes largely unexamined by a public systematically frightened about our children's almost inevitable exposure to drugs.43 At the same time, our prejudicial enforcement of drug laws and the wholesale criminalization of a large cohort of young inner-city residents serves to sustain and reinforce this stereotype while fostering social, economic, and political disenfranchisement [44] and increasing the health and life risk associated with use of drugs. Drugs can certainly cause harm, but our selective application of punitive drug prohibition laws are at least as dangerous. These laws have spawned a lethal biosocial ecology in which the poorest nations and communities are ravaged by uncontrolled criminal drug markets,[45] emerging infectious diseases,46 and the widespread corruption of civil society.[47] Drugs are cheaper, more powerful, and more available today then at any time in the past 25 years. This new and complex political reality cries out for effective policies based on sound science, public health priorities and human rights.[48-50] Yet, after nearly a century of a bankrupt approach to drug control, we see no end in sight. In June 1998, delegates from all over the world heard Pino Arlacchi, Executive Director of the UN Office for Drug Control and Crime Prevention, address the General Assembly's Special Session on International Drug Control with calls "to start the real war against drugs and convince nations and people that there could be a drug-free world."[51] Effective and publicly acceptable alternatives to a prohibition- based policy are now available to us in the form of harm reduction approaches (including needle exchange programs, low threshold treatment, and improved access to housing and health care for drug users). Harm reduction is already national policy in a score of countries throughout the world.[52] But in the US the very use of the term harm reduction is still banned from the Federal policy lexicon and denied funding because it is seen as "condoning drug use." Its proponents are vilified as supporters of drug legalization,[53,54] and critics within the government are cowed into silence (or anxiously whispered support at AIDS conferences). And there can be severe penalties for open dissent--as we saw in the case of Surgeon General Joycelyn Elders. These are not-so-early warning signs of a great American failure--not only in drug policy but in our native capacity for creative, compassionate, and above all open discourse about issues vital to our well-being. It is time that we move beyond this drug fundamentalism and abandon our unhappy history of prohibition for more humane and pragmatic policies that protect public health and support our democratic values. The author thanks Jennifer McNeely for assistance with this article. REFERENCES 1. Clinton WJ. The President's message. In: Office of National Drug Control Policy (US). The National Drug Control Strategy, 1998: a ten year plan. Washington: ONDCP; 1998. 2. Tufte ER. 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Department of Justice, Bureau of Justice Statistics (US). Trends in US correctional populations, 1995. Rockville (MD): Bureau of Justice Statistics; 1996. 15. Department of Justice, Bureau of Justice Statistics (US). Sourcebook 1992: correctional populations in the US. Rockville (MD): Bureau of Justice Statistics; 1993. 16. Department of Justice, Bureau of Justice Statistics (US). Drugs, crime, and the justice system : a national report. Rockville (MD): Bureau of Justice Statistics; 1992. 17. Lindesmith Center. Drug prohibition and the US prison system. New York: The Center; 1998. 18. Christie N. Crime control as industry. London (UK): Routledge; 1993. 19. National Institute on Drug Abuse (US). National survey results from Monitoring the Future study, 1975-1995. Rockville (MD): National Institutes of Health; 1996. Pub. No. 96-4139. 20. Substance Abuse and Mental Health Services Administration (US). National Household Survey on Drug Abuse population estimates, 1997. Series H-7. Rockville (MD): Department of Health and Human Services; 1998. 21. Substance Abuse and Mental Health Services Administration (US). Preliminary results from the National Household Survey of Drug Abuse, 1997. Series H-6. Rockville (MD): National Clearinghouse for Alcohol and Drug Information; 1998. 22. National Institute on Drug Abuse (US). Topical data from the Drug Abuse Warning Network (DAWN), 1976-1985, and mid-year preliminary estimates, 1996: trends in drug abuse related hospital emergency room episodes and medical examiner cases. Series H. No. 3. Rockville (MD): National Institutes of Health; 1996. 23. Fingerhut LA, Cox CS. Poisoning mortality, 1985-1995. Public Health Rep 1998;113:218-33. 24. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning Network (DAWN): annual medical examiner data, 1981. Series I. No. 1. Rockville (MD): Department of Health and Human Services; 1982. 25. National Institute on Drug Abuse (US). 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Rockville (MD): Department of Health and Human Services; 1987. 30. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning Network (DAWN): annual medical examiner data, 1987. Series I. No. 7. Rockville (MD): Department of Health and Human Services; 1988. 31. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning Network (DAWN): annual medical examiner data, 1988. Series I. No. 8. Rockville (MD): Department of Health and Human Services; 1989. 32. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning Network (DAWN): annual medical examiner data, 1989. Series I. No. 9. Rockville (MD): Department of Health and Human Services; 1990. 33. National Institute on Drug Abuse (US). Data from the Drug Abuse Warning Network (DAWN): annual medical examiner data, 1990. Series I. No. 10. Rockville (MD): Department of Health and Human Services; 1991. 34. National Institute on Drug Abuse (US). 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Drug Abuse Warning Network annual medical examiner data, 1995. Series D-1. Rockville (MD): Department of Health and Human Services; 1997. 39. Mauer M, Huling T. Young black Americans and the criminal justice system. Washington: The Sentencing Project; 1995. 40. Fellner J, Mauer M. Losing the vote: impact of disenfranchisement laws in the US. Washington: The Sentencing Project and Human Rights Watch; 1998 41. Waldorf D, Reinerman C, Murphy S. Cocaine changes. Philadelphia: Temple University Press; 1991. 42. Department of Commerce, Bureau of the Census (US). Population estimates from Statistical Abstract of the US: 1994. Washington: The Bureau; 1995. 43. Partnership for a Drug Free America [website] [cited 1998 Dec 5]. Available from: URL: http://www.drugfreeamerica.org/parents/html 44. Tonry M. Malign neglect: race, crime, and punishment in America. New York: Oxford University Press; 1995. 45. Garrett L. The coming plague: newly emerging infections in a world out of control. New York: Farrar, Straus and Giroux; 1994 46. Stares P. Global habit : the drug problem in a borderless world. Washington: The Brookings Institution; 1996. 47. Andreas P. Profits, poverty, and inequality: the logic of drug corruption. NACLA Report on the Americas 1993; 27(3):22-8. 48. Nadelmann E. Commonsense drug policy. Foreign Affairs 1998;77:111-26. {MAP URLs: http://www.mapinc.org/drugnews/v98/n032/a04.html http://www.mapinc.org/drugnews/v98/n032/a03.html } 49. Drucker E, Lurie P, Alcabes P, Wodak A. Measuring harm reduction: the effects of needle and syringe exchange programs and Methadone maintenance on the ecology of HIV. AIDS 98 1998;12 Suppl A:S217-S230. 50. Mann J, Tarantola D, editors. AIDS in the world II. New York: Oxford University Press; 1996. 51. Wren C. UN Special session on drugs meets in New York. New York Times 1998 Jun 7. Sect. A:7. 52. Nadelmann E, McNeely J, Drucker E. International perspectives on harm reduction. In: Lowinson J, Ruiz P, Millman M, Langrod J. Substance abuse: a comprehensive textbook. 4th ed. New York: Wiley; 1997. 53. Shea C. Thou shalt not. Washingtonian 1998;10(15):71. {MAP URL: http://www.mapinc.org/drugnews/v98/n1082/a02.html } 54. McCaffery BR. Decriminalizing drugs is wrong. Cinncinnati Enquirer 1998 Aug 6. 55. Substance Abuse and Mental Health Services Administration (US). Historical estimates from the Drug Abuse Warning Network: 1978-1994 estimates of drug-related emergency department episodes. Advance Report No. 16. Rockville (MD): Department of Health and Human Services; 1996.
------------------------------------------------------------------- The New Politics Of Pot (The January issue of Governing magazine, a periodical for politicians published by the Congressional Quarterly, predictably tells the pols what they want to hear. Ignoring the schism between the public and politicians regarding medical marijuana, revealed again in November's elections, the magazine focuses instead on a purported schism between the successful mainstream approach of Americans for Medical Rights and the grassroots activism traditionally fostered by NORML - implicitly implying that all NORML has to do to achieve comprehensive reform nationwide is to get everyone to put on suits, quit listening to "reefer music" and otherwise adopt mainstream tactics.) Date: Mon, 25 Jan 1999 18:55:39 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: The New Politics Of Pot Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Dave Fratello (amr@lainet.com) Pubdate: January 1999 Source: Governing Magazine (US) Section: Feature, page 32 Contact: mailbox@governing.com Website: http://www.governing.com/main.htm Copyright: Copyright 1999, Congressional Quartely, Inc. Author: Russ Freyman THE NEW POLITICS OF POT When advocates of medical marijuana couldn't make headway with policy makers, they took their campaign directly to the voters. Standing in the foyer of a hotel in Washington, D.C., Bill Zimmerman looks a bit uncomfortable talking with a reporter who is sporting a long, gray beard, wearing a lime green shirt and representing a publication called High Times. Both men are attending a conference sponsored by the National Organization for Reform of Marijuana Laws, a group that for many years has pushed for a broad overhaul of national laws governing cannabis. But amid the festival-like atmosphere - "reefer music" blares, vendors hawk products made from hemp, and activists carry guitar cases and pamphlets that tout the benefits of recreational marijuana use - the smartly dressed Zimmerman, with a copy of the New York Times tucked under his arm, seems out of place. Indeed, some members of NORML were overheard condemning him and the speech that he delivered on the opening day of their annual meeting last November. It's not that they question his credentials: Zimmerman holds a doctorate in neuroscience, runs a California political consulting group and recently published a book entitled "Is Marijuana the Right Medicine for You?" Rather, they are critical of the mainstream tactics he has used in recent successful efforts to legalize marijuana for medicinal use in half a dozen states. Although his strategy has been focused on getting voter referendums passed in individual states, Zimmerman's ultimate goal is to have the federal Drug Enforcement Administration change marijuana from a Schedule I substance (meaning it has no accepted medical use in the United States and is highly addictive) to Schedule III status (on a par with Tylenol with codeine). Zimmerman's approach does not mollify more radical activists, however. Nor does his personal belief that the drug should be decriminalized. A significant segment of NORML thinks that Zimmerman and Americans for Medical Rights, his Santa Monica-based organization that spearheaded the 1996 initiative allowing certain patients to smoke marijuana for medical purposes in California and Arizona, have betrayed the cannabis movement. They demand removal of all penalties for the private possession of marijuana by adults. For his part, Zimmerman refuses to criticize NORML and its supporters, although his silence when asked about them is telling. The differences between the two groups go a long way toward explaining why the marijuana debate has reappeared on the political radar screen after a decades-long hiatus. Americans for Medical Rights has been remarkably effective at portraying the medical use of marijuana as an issue of compassion, rather than of potheads and addiction. The group made its mark with the two victories in 1996 and then struck gold this past November, winning votes in Alaska, Nevada, Oregon, Washington and again in Arizona, where the state legislature forced voters to validate their 1996 decision on medical marijuana. Polls indicated similar propositions would have been approved in Colorado, where the secretary of state invalidated the ballot initiative, and the District of Columbia, where Congress refused to appropriate money to certify the results. How did Zimmerman and Americans for Medical Rights successfully alter the political landscape on which the medical marijuana issue rests? For starters, they ran the campaign like a campaign. Zimmerman brought a wealth of experience managing political races. He helped one member of Congress win reelection in 1998 and has steered several other ballot initiatives to victory this decade. He also introduced time-tested polling tactics to the marijuana measures and, most important, Americans for Medical Rights attempted to appeal to mainstream voters, for whom NORML's agenda of sweeping reform and eventual legalization is taboo. And while some marijuana advocates spent time debating among themselves whether hemp oil can reduce cholesterol levels, Americans for Medical Rights booked doctors on television and radio programs to discuss how those suffering from glaucoma, chemotherapy-related nausea or AIDS "wasting" syndrome can benefit from pot. They talked at length about research and cited a favorable editorial that appeared in the New England Journal of Medicine. "It was understood," Zimmerman says, "that this would be a professional campaign." Dr. Rob Killian is a family practitioner and the leader of Washington Citizens for Medical Rights, which successfully pushed the state's Initiative 692. "More of us are seeing it work," he says of medicinal marijuana. And to him, it seems clear that the messenger is just as important as the message. "We're using spokespeople who are mainstream," Killian says of the effort in Washington, where he told supporters to stop wearing tie-dye and listening to reefer music in public. He laments, however, that "there are some activists who refuse to play the game in a winning way." Equally significant is the manner in which Americans for Medical Rights and the state organizations associated with them--Killian's group as well as Oregonians for Medical Rights, Coloradoans for Medical Rights and so on--have recast the marijuana issue in terms of the patient's needs. As a result, many hospice workers and nurses, as well as AIDS and cancer-patient advocacy groups, have lent their support. "Dying and suffering patients should not be arrested for using marijuana as a medicine under their doctor's supervision," says Dr. Richard Bayer, who practices internal medicine in Portland, Oregon, and was the chief petitioner of the state's successful Initiative 67. He was heard by voters across the state advocating the usefulness of marijuana in helping patients deal with pain, fight nausea and help improve their appetite. Apparently, Oregonians responded to his plea to have compassion for those who are very ill. Despite these recent developments, opponents of legalization efforts--most notably federal and state policy makers and the law enforcement community--remain firm in their belief that the medical marijuana movement is just a smoke screen. General Barry McCaffrey, the White House's drug czar, maintained that proponents in California and Arizona in 1996 were trying to take a step toward full legalization. "This is not medicine," he declared. "This is a Cheech and Chong show." Law enforcement officers contend that allowing people to use marijuana could lead to the use of harder drugs as well as make pot more accessible to youngsters. In addition, they are critical of the "loose" wording of these ballot initiatives, arguing that the language about possession and distribution is far too ambiguous. Multnomah County Sheriff Dan Noelle, who led the campaign against medicinal marijuana in Oregon, is convinced the public is being hoodwinked. "This is a national effort with the primary funders working on an agenda to legalize," he says. In fact, "medical rights" groups across the country have been bankrolled, essentially, by three men: billionaire international financier George Soros, insurance magnate Peter Lewis and John Sperling, who founded the for-profit University of Phoenix. All of them have stated publicly that American drug laws make no sense, that governments should focus on treatment more than punishment and that marijuana should be decriminalized. Rhetoric aside, Noelle's observation that the campaign is coordinated and national in nature is certainly accurate. Although local activists played a role in the marijuana victories in each state, groups such as Oregonians for Medical Rights have led the charge--and acknowledged that they receive some 95 percent of their funding from the national Americans for Medical Rights. "It's no secret that this is a multi-state effort," says Amy Klare, a campaign coordinator for Oregonians for Medical Rights. University of Southern California Law Professor Charles H. Whitebread, the author of several works detailing the history of marijuana laws, is surprised at the results. But then Americans for Medical Rights, he notes, did something heretofore unheard of. "They demystified this drug and got rid of the notion of reefer madness." Many people insist, however, that more research on smoked marijuana must be conducted before doctors should be able to prescribe it. While government health officials are hesitant to approve studies, a key report by the National Academy of Sciences' Institute of Medicine will be released soon. For the time being, the influential American Medical Association has come out against the marijuana initiatives. "Referendums and legislation are not the right way to make scientific decisions," says an AMA spokesman. "Its efficacy should be established through well-controlled clinical trials." The marijuana lobby responds that cannabis is one of the most studied drugs in history. George Washington University Law Professor Peter H. Meyers, a former NORML attorney who teaches a class on drugs and the law, says, "Perhaps we know more about marijuana than any other drug." In advocates' minds, the overwhelming opposition boils down to politics. They point to the example of a DEA administrative judge who, in 1988, said a brief filed by NORML calling for a change to Schedule II (narcotic, stimulant and depressant drugs) had merit. "Marijuana, in its natural form, is one of the safest therapeutically active substances known to man," the judge wrote. But the DEA officially rejected the opinion. "The only reason they didn't allow medical use of the drug," asserts Meyers, "is for purely political reasons." Clearly, the DEA and Congress are not about to change their current opinion on the matter anytime soon. In fact, the House passed a resolution opposing medicinal marijuana in 1998. So Zimmerman is counting on votes in 2000 in Colorado, Maine and Nevada (where state law requires voters to pass an initiative twice before it can be enacted) to further pressure the federal government and state legislatures. Referendums are also possible in Michigan, Ohio and Massachusetts. Zimmerman is adamant that his group's only goal is to allow patients to smoke marijuana as a medicine. Whether or not that could lead to a slippery slope of use and abuse remains an open question, but it is hard to dispute the effectiveness of his tactics so far. "The fact that they have bitten off a small little piece," says USC's Whitebread, "and treated it like a political campaign is the reason it is successful."
------------------------------------------------------------------- Toke Like an Egyptian (The January issue of Fortean Times follows up on the mysterious discovery of cocaine and nicotine in Egyptian mummies.)From: "Cliff Schaffer" (schaffer@SMARTLINK.NET) To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org) Subject: Toke Like an Egyptian Date: Fri, 1 Jan 1999 22:31:51 -0800 Sender: owner-drctalk@drcnet.org Fortean Times January 1998 http://www.forteantimes.com/artic/117/toke.html NEGATIVE VIEWS ON SMOKING MUMMIES ARE NOT JUST RESTRICTED TO CIGARETTE PACKETS WILLIAM JACOBS FINDS THAT EGYPTOLOGY HAS ALL BUT IGNORED THE DISCOVERY OF TRACES OF NICOTINE AND COCAINE IN MUMMIES. A bright idea lead to an unprecidented experiment at the Munich Museum. It was the early 1990s. No one had thought to test an Egyptian mummy for drugs before. No one had thought it worth the trouble. The wealth of documents remaining from ancient Egypt frequently bring up the effects of excesses of beer and wine, but mention no other drugs. By 1992, however, thought had begun changing. Egyptologists suspected the use of opium. And a growing minority had begun to reinterpret the lotus motif ubiquitous in Egyptian art. Instead of purely symbolic, it may have indicated its use as an intoxicant. Perhaps there would be something there to find. So the Munich Museum turned to Svetlana Balabanova, a well- respected pathologist associated with the University of Ulm. She took samples of hair, bone and soft tissue from the museum's nine mummies. She tested the samples using radioimmunoassay and gas chromatography/mass spectrometry, common tests used to detect chemicals in a sample.Her results were surprising. So surprising that she sent samples to three independent labs to confirm them. There was no opium, no lotus. But many of the samples contained traces of nicotine and cocaine. The levels were low, but Balabanova believed they must have dropped over the centuries. If her interpretation was right, the levels originally equaled those in modern smokers and cocaine users. But, the only concentrated source of nicotine is tobacco, and cocaine is found only in the coca plant. Both are New World plants, and are generally considered to have been unknown elsewhere before 1492. The Munich mummies lived hundreds to thousands of years earlier. It just didn't make sense.Balabanova was intrigued and found more mummies to test. Since 1992, she has tested hundreds of mummies from Egypt, Sudan, China and Germany ranging from 800 to 3000 years of age. Nicotine showed up everywhere in an average of a third of the mummies from each site. Her findings have appeared in ten articles in medical and archeological journals. Recently, other labs have begun testing Egyptian mummies and finding nicotine. Three samples from the Manchester Museum revealed traces of the drug, as have fourteen samples taken directly from an archeological dig near Cairo. One might think that such surprising findings would cause an uproar in the Egyptological community. In fact, beyond Balabanova's pathology results, there has not been one publication on the subject in the last six years. Few archeologists are even willing to discuss the issue. Of the nearly two dozen Egyptologists contacted for this article, only three agreed to talk about it-only two on the record. Those who are willing do so only to state the case against the findings. Paul Manuelian, an Egyptologist at Boston's Museum of Fine Arts, points to the contents of Egyptian tombs and the paintings on their walls. These included representations of everything the tomb's occupant would need in their next life including such luxuries as beer and opium. But not one tobacco or coca leaf has ever been found. The ancient Egyptians were not shy about their drug use. Representations of alcohol and lotus are common. But there are none of Egyptians using tobacco or coca. This, Egyptologists say, is conclusive evidence. If not in itself, then certainly in conjunction with a rich archeological record completely devoid of traces of the drugs. The tests must be wrong. They suggest that the samples must have been contaminated with the drugs in the lab, or the mummies during excavation, or, uncharitably, the laboratory staff while performing the tests.Those tests are the same used daily in courts of law. Dozens of studies attest to their accuracy on the living and recently dead, but what about ancient mummies? Larry Cartmell, Clinical Laboratory Director at the Valley View Hospital in Aida, Oklahoma and amateur archeologist, has been testing South American mummies for nicotine and cocaine for over a decade. "There is no way to be sure the tests are accurate," he says, "because you can't get historical evidence from the mummies." That is, you can't ask the mummy how much he smokes or if he chews coca leaves. However, his results match well with the cultural evidence. Some mummies are found buried with bags of coca leaves or with a wad of leaves still in their cheek. These mummies test positive for cocaine. Mummies from cultures in which coca isn't important usually don't. Just about everyone tests positive for nicotine. Given the importance of tobacco throughout South American this should come as no surprise. The levels of nicotine and cocaine Cartmell has found in his South American mummies fall at the low end of what one might see in a modern smoker or cocaine user. This suggests that the drugs remain fairly stable in hair and other tissues over the centuries, decaying only very slowly. Balabanova has tested one group of Peruvian mummies. The levels of cocaine she found in a few of them were similar to Cartmell's results. Oddly, she found cocaine in only one other group of mummies, her very first batch from the Munich Museum. Their levels were much lower. The Munich mummies are not a homogenous group; their ages and origins vary widely. No other Old World mummies have revealed cocaine. It would be remarkable if these and only these mummies were exposed to the drug and then coincidentally gathered in Munich. A simpler explanation is that they were exposed during modern times after being brought together at the museum. Pathologists don't fully understand how drugs are absorbed into hair, and nobody has even tried to determine if ancient hair can do so. If it can, perhaps these results can best be explained by someone doing cocaine in the Munich Museum mummy room. Balabanova's nicotine results may not be so amenable to simple explanation. The levels she has found range from nothing up to the lowest levels accepted as proof of smoking in modern hair. Most of her results are typical of environmental exposure. Many common food plants-tomatoes, potatoes, aubergines-contain low levels of nicotine. Small amounts build up in the body just through diet and are detectable using the standard tests. The mummies with the highest levels, however, are difficult to explain environmentally. A study done by a team led by Helen Dimich-Ward in Vancouver, Canada showed comprable levels only in people who were exposed to heavy second hand smoke in their workplaces. Also, the majority of food plants containing nicotine are New World plants inaccessible to the ancient Egyptians. Other tests Balabanova performed further complicate the picture. She tested a number of modern smokers, killed in car crashes, and compared the relative levels of nicotine in their hair and bones with the same tests done on her mummies. While the modern smokers had between 40 and 50 times as much nicotine in their hair than in their bones, her mummies' ratio averaged at only twice as much. Balabanova interprets this result as meaning the original mummy nicotine levels were much higher. While the hair allowed nicotine to decay away, the bone retained the drug far better. If this is true, then the levels she detected were originally 20 to 25 times higher, which would bring them in line with modern smokers. There are several difficulties with this. The first has already been mentioned: the stability of nicotine found by Cartmell. The difference in the two pathologists' results can't be explained as being due to differering lab techniques. Cartmell recently found nicotine levels similar to Balabanova's results in fourteen Egyptian mummies. And Balabanova's nicotine results for Peruvian mummies she tested agree well with Cartmell's for a similar group.A second difficulty also stems from Cartmell's work. Despite several attempts to detect nicotine in mummified bone, he has yet to get a positive result. The samples he used were each taken from mummies with very high nicotine levels in their hair. While he used a different extraction technique than Balabanova, he feels that if there was nicotine there, he would have seen it. The two disparate results stand in stalemate; neither reliable without independent confirmation. Third is the wide range of nicotine levels Balabanova has found. The highest are already at the lower limits of a modern smokers' results. If they are multiplied with the others, they become unreasonably high. Third is the wide range of nicotine levels Balabanova has found. Three of the Egyptian mummies she has tested have nicotine levels in their bones many times greater than those seen in modern smokers. The lethally high levels made her suspect that nicotine may not have been ingested. Instead, they may have been used as part of the embalming process. The idea makes some sense; nicotine in high levels has a preservative and insecticidal effect that would be useful in mummification. According to Lise Manniche in her Ancient Egyptian Herbal, compositae, a plant containing trace levels of nicotine, was used as part of the mummification of Ramses II. If even relatively low levels of nicotine were used in embalming, the multiplied results for the original levels in the hair would be wildly exagerated. In addition to those three mummies, Balabanova found several more with fairly high levels of nicotine in their hair. The highest are already at the lower limits of a modern smokers' results. If they are multiplied with the others, they become unreasonably high. Still, the lack of confirmation of Balabanova's results is not necessarily invalidation. And even if most of her results are explicable as environmental exposure, there are still those few high-nicotine mummies, including one tested at that level by Cartmell, to account for. Perhaps, as the Egyptologists accuse, they are contaminated or fakes. Some mummies excavated in the 19th century were exposed to tobacco smoke, but most recently excavated mummies never get the chance. The common picture of an Egyptological dig includes an Egyptologist in pith helmet and khakis, pipe in hand. Today, however, every effort is made to avoid contamination of a find. The vast majority of modern museums and labs are also smoke-free zones. Importantly, both Balabanova and Cartmell have found that nicotine levels in samples that have been excavated and stored together vary widely. The differences must have originated during the mummies' lifetimes. That does leave possibility that the mummies are fakes. This is only plausable, though, for a few. Most of the mummies were formed naturally, dried by the heat of the desert sands where they were buried-unlikely subjects for hoaxes. Of the artificial mummies, most are well documented-tracked from tomb to display case. Even for those without their papers, fraud is difficult. Ancient Egyptian embalming styles varied like any other fashion. A trained Egyptologist can examine the mummy's bandaging, ornaments and preparation and name its age and origin like a car buff picking out make and model from a look at the styling. So if the mummies and the drugs in their bodies are real can this fit with the lack of written evidence? There does seem to be a hole or two in the archeological record where nicotine might just slip in. The lack of remains and representation in Egyptian tombs is strong evidence against nicotine's recreational use, but not medical use. The ancient Egyptians believed that their afterlife bodies would be perfect versions of the ones they had in life. Without disease or injury, the dead had no need for medicines. So they were not included in the tombs. For the living, Emily Teeter, Associate Curator at Chicago's Oriental Institute Museum says, we have a good record of preserved medical texts and prescriptions. Many of the ingredients, however, while we know their Egyptian names, remain unidentified. Unless a bit of residue is discovered in a labeled bowl, there is no firm way to link ingredient to name. Teeter stresses that there is no reason to assume that any of the names refer to an unknown drug. But the possibility is there. The record is far scantier for folk medicines. No culture is without them, but for the ancient Egyptians they were an oral tradition, never recorded in writing. If nicotine was used, there would be far less evidence to find. Ingredients used, though says Teeter, would probably be local and common. The small number of high-nicotine mummies and, of course, the lack of archeological evidence, seem to argue against tobacco growing wild in the streets. If nicotine was used as a medicine, how was it obtained? Three possible scenarios seem to fit the data: 1) trade with South America 2) a previously unknown Old World species of tobacco existed, but died out before modern times or 3) the nicotine came from some other plant. Beyond the pathology results, there is little to nothing to support the idea of Egyptian trade with the New World. The Egyptians were, according to Teeter, 'famously bad sailors.' They managed to circumnavigate Africa, but only by staying within sight of the coast. They were incapable of crossing the Mediterranean, far less the Atlantic. If they used an intermediary to make the trip, one would expect far more and far more widespread evidence. Even if the Egyptians weren't interested in using cocaine and tobacco as recreational drugs, others of the trader's clients would be. Plant remains and records would trace the route the traders took. Despite diligent searches by those enamored of the idea of pre-Columbian contact, nothing of the sort has been found. NOTES 1. In 1996, three samples from mummies in the Manchester Museum were tested for drugs as part of an Equinox documentary 'The Mystery Of The Cocaine Mummies'. The lab doing the tests was unidentified in the show, but in "Egypt Uncovered" by Vivian Davis and Renne Friedman was named as Medimass Labs. Manchester Museum declined to comment for this article. A search of the Manchester phone book revealed no lab by that name and further extensive searching turned up no more information about the company. So beyond the fact reported in the documentary that the mummies tested positive for nicotine, the precise levels remain unknown. The full text of William Jacobs article appears in Fortean Times 117. OUT NOW
------------------------------------------------------------------- Marijuana protects your brain (The January-February issue of Cannabis Culture magazine, in Vancouver, British Columbia, says the US National Institutes of Health and other researchers have discovered that chemicals in cannabis can reduce the extent of damage caused by strokes, heart attacks and nerve gas.) From: creator@drugsense.org (Cannabis Culture) To: cclist@drugsense.org Subject: CC: Marijuana protects your brain Date: Wed, 16 Dec 1998 08:55:03 -0800 Lines: 73 Sender: creator@drugsense.org Reply-To: creator@drugsense.org Organization: Cannabis Culture (http://www.cannabisculture.com/) This article is a special sneak preview from Cannabis Culture Magazine issue #16, fresh off the presses and on store shelves soon. It's our Potseed Special issue, so be sure to check it out! * * * Marijuana protects your brain Studies reveal that marijuana protects against brain damage from stroke, heart attacks and nerve gas. By Dana Larsen Cannabis Culture - Jan/Feb The US National Institute of Health has found that chemicals in cannabis can reduce the extent of damage during a stroke, at least in rats. Experiments with rat nerve cells, and then with actual rats, suggest that THC and cannabidiol, both compounds found in marijuana, can protect cells by acting as antioxidants, and could be useful in the treatment and prevention of stroke, heart attacks, and neurodegenerative diseases. Researchers are investigating how cannabidiol and other antioxidants can reduce the severity of damage from "ischemic strokes", in which blood vessels in the brain become blocked. During ischemic strokes, which make up 80% of all strokes, free radicals are released into the bloodstream. These harmful molecules are believed to cause stroke damage, such as paralysis and loss of speech and vision. Cannabidiol has potent anti-oxidant and anti-inflammatory properties, so it can neutralize free radicals and limit their damage. Meanwhile, an Israeli pharmaceutical company called Pharmos is conducting human clinical trials using a synthetic, injectable version of cannabidiol, which they have dubbed Dexanabinol. Dexanabinol's creator is Professor Raphael Mechoulam of Hebrew University in Jerusalem, who discovered THC in 1964, and has been studying cannabis for over thirty years. Dr William Beaver, who chaired a panel assembled last year by the US National Institute of Health to review the medical uses of marijuana, called Dexanabinol "the most medically significant use ever made of marijuana." The human clinical tests began in 1996 with 67 patients in Israel's neurotrauma centres. About 1000 patients will be involved in the next phase, at a cost of $15 million over two years. According to US medical investment analysts, Dexanabinol showed no serious side effects when administered to healthy volunteers. Aside from the five million people worldwide who suffer a stroke or head trauma each year, there's another huge market for Dexanabinol, the US Army. US military tests on rats have shown that those exposed to Dexanabinol were 70% less likely to suffer epileptic seizures or brain damage after being exposed to sarin and other nerve gases. Dexanabinol is effective as both a preventative measure and as an antidote. The military's greatest concern seems to be whether Dexanabinol possesses the same psychoactive and enlightening properties as THC and some other cannabinoids. Although THC and cannabidiol both provided equal defense against cell damage, cannabidiol doesn't have significant psychoactive effects. Of course, the obvious corollary to this is that if synthetic Dexanabinol can prevent brain damage, then organic marijuana does so as well. So the next time grandpa has a stroke, try and get him to take a few bong-hits before the ambulance arrives. Better yet, give him a hash brownie each evening before he has that stroke. You might just save his life. *** Dana Larsen (muggles@cannabisculture.com) Editor, CANNABIS CULTURE MAGAZINE *** CClist, the electronic news and information service of Cannabis Culture To unsubscribe, send a message to majordomo@drugsense.org containing the command "unsubscribe cclist". *** Subscribe to Cannabis Culture Magazine! Write to: 324 West Hastings Street, Vancouver BC, CANADA, V6B 1A1 Call us at: (604) 669-9069, or fax (604) 669-9038. Visit Cannabis Culture online at http://www.cannabisculture.com/
------------------------------------------------------------------- How To Make A Difference (An editorial by Dana Larsen in Cannabis Culture magazine, in British Columbia, spells out things you can do to help liberate cannabis that don't cost much money.) Date: Sat, 23 Jan 1999 03:15:03 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: Editorial: How To Make A Difference Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: rlake@mapinc.org Source: Cannabis Culture Copyright: 1999 Cannabis Culture, redistributed by MAP by permission Pubdate: Jan/Feb 1999 Contact: muggles@cannabisculture.com FAX: (604) 669-9038 Mail: 324 West Hastings, Vancouver, BC, Canada, V6B 1K6 Website: http://www.cannabisculture.com/ Author: Dana Larsen, Editor, Cannabis Culture HOW TO MAKE A DIFFERENCE In last issue's editorial I complained about the tribulations of producing this magazine, and the lack of support we receive from some hemp stores and other businesses. I received a great deal of positive feedback to that editorial from readers and my peers within this movement. Some readers sent us sympathetic letters and cheques (bless you all), while many more said "I am low on cash but want to help. What can I do?" So for this editorial I have compiled a list of things you can do to help liberate cannabis, but which don't cost very much money. - Educate yourself and others. The most important thing you can do is to learn about the issues and to teach those around you. Get a copy of The Emperor Wears no Clothes and Marijuana Myths, Marijuana Facts, and read them both thoroughly. Learn more about drug policy, and make an effort to find out about developments in other countries. Discuss marijuana and drug policy with your family, your teachers and students, your clergy, and anyone else around you. Don't let ignorant prohibitionist comments pass by unchallenged. - Write letters to the media. Writing to the media is a more effective way to shape public opinion than writing to politicians. A short, timely letter to the editor should take less than an hour to write, and if published it can reach many thousands of people, sometimes millions. Even if your letter is not printed, by sending it you increase the chances of a similar letter being printed instead. If you write a letter or two each week, you will almost certainly see your work in print on a regular basis, which can be very satisfying. The Media Awareness Project (MAP), maintains a cannabis and drug policy news-feed, accessible via email and the web at http://www.mapinc.org/ . Their excellent service makes it easy to stay on top of world news, and to immediately respond to news articles from around the globe. - Get involved in local politics. Most cannabis political campaigns are focused on the federal government, but municipal and other local governments usually control how federal laws are enforced. It is far easier to have a positive impact on the local political landscape. Attend City Council and Community Policing meetings, and explain how prohibition is counter-productive and leads to crime and violence. Get your friends to come with you. Ask civic leaders tough questions, and educate them about how they can enact a rational drug policy. You can even take this idea to the next level and run for municipal office. An effective mayoral election campaign can be run on a very low budget. An articulate candidate with a few friends and a photocopier can have a profound impact on the political debate. Mayor Brian Taylor of Grand Forks, BC, is an excellent example of what can be accomplished by an outspoken hempster on a small budget. - Grow more pot. The war on marijuana is a very real attempt to eradicate the species Cannabis from the face of the earth. By growing marijuana you are keeping the cannabis gene pool alive and contributing to cannabis culture in a very real way. Although getting started on your grow room will require some investment, the rewards will pay you back many times over. Once you are growing the fine buds, be sure to set some aside for donation to your local medical marijuana buyer's club. - Invest in cannabis culture. When you spend your dollars on a new bong or a hemp shirt, buy from retailers who put back their earnings into the movement. Ask hemp store owners and bong merchants how they contribute to legalization, and encourage them to do more. Volunteer some time helping them in their activist pursuits. - Get a job. There's plenty of ways to make a decent living while being active in the cannabis freedom movement. From growing and selling kind buds to working in a hemp store, from making hemp twine jewelry to developing anew hemp technology, from writing articles for pot-mags to carving pipes and bongs. The ads that fill our pages are a testament to the incredible entrepreneurial opportunities offered by the worldwide resurgence of cannabis culture. Take advantage of them. This list is just the beginning, limited only by your imagination and dedication. What you do can make a real difference. Never underestimate you power. Dana Larsen Editor, Cannabis Culture
------------------------------------------------------------------- When Taxpayers Subsidise Junkies (One might think it would be hard to misrepresent the success of Switzerland's heroin-maintenance experiment for addicts who don't respond to other programs, but the January issue of the Australian Reader's Digest pulls out all the stops.) Date: Wed, 6 Jan 1999 17:30:41 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: Australia: When Taxpayers Subsidise Junkies Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Russell.Ken.KW@bhp.com.au (Russell, Ken KW) Pubdate: Jan, 1999 Source: Readers Digest (Australia) Contact: editors.au@readersdigest.com Website: http://www.readersdigest.com.au/ Author: Brian Eads Note: This appeared in the edition of Readers Digest for Australia only, which has a circulation of 508,000 and is the 4th largest circulation magazine in the country. WHEN TAXPAYERS SUBSIDISE JUNKIES IT'S TWILIGHT on a winter's day in Bern, Switzerland, and a stream of drug addicts hurries from the chill into a nondescript building. Seated at small Formica tables, they swab an arm or leg with antiseptic, slide the needle into a vein and inject a preloaded syringe of pure heroin-Their narcotic hunger fed, they shuffle out into the darkness. There are no drug dealers lurking in the background; the addicts pay only $13 for each fix, about one-tenth of the price on the streets. They can get up to three fixes a day: morning, noon and night. The heroin is supplied by the Swiss government. Welcome to the latest chapter in Switzerland's war on drugs. During a three-year experiment, special clinics were set up, dispensing heroin, morphine and methadone, a heroin substitute, to more than 1000 addicts in 15 cities. The "Medical Prescription of Narcotics Programme" (PROVE) hopes to wean hard-core users off drugs and, in the process, decrease the spread of HIV, and cut crime. Advocates claim it is a success, and tout it for other countries - such as Australia - grappling with drug problems. But before the rest of us leap, we should take a closer look -we are likely get a great deal more than we bargained for. Few go clean. For Roland Seitz, stick-thin and ravaged by his habit, a programme promising heroin and a chance to get dean sounded like "paradise on earth." His journey t0 addiction had begun in 1981, when he was 20 years old. After losing his job and flat, he lived on the streets, doing whatever it took to get drugs. After the PROVE programme began, Seitz injected his first legal heroin at Zurich social services' "Lifeline" clinic in 1995. 'At the start, it was great," he says. He was surprised and delighted - to discover that the maximum limit set by the clinic' was so high that soon he had increased his intake to more than double the amount he had ever used on the streets. But no real efforts were made to rescue him from his habit. He spoke to a doctor only when he felt like it. Social Services found him a room in a Salvation Army hostel. Occasionally, he'd had a day job in the city. "During 18 months, I did a total of maybe six weeks' work," he recalls. When he wanted to inject cocaine - not approved by PROVE - he returned to the streets to buy it. Thanks to medical care and generous welfare payments, Seitz's health improved. But his addiction deepened. "They'd given up on me," he concluded. "They gave me heroin to keep me quiet. I finally realised that the heroin project was as bad as the drug scene." Seitz quit the programme to fol1ow the harder road of detoxification and total abstinence. Within six months he was drug free. According to PROVE's official guidelines, a principal aim for participating addicts was "wherever possible, dropping the habit." In fact, four years after the project started, few participating addicts are drug free. Of about 800 people in the experiment, only 83 (just over ten per cent) decided to give up heroin and switch to "abstinence therapy," leaving the rest still addicted. Roland Seitz feels he made it off drugs not because of the programme, but despite it. In July 1997, using data provided by heroin clinics and addicts, independent University of Zurich researchers published the official findings. Most addicts' health and lifestyle was judged to have improved. The number working more than doubled (from 14 per cent to 32 per cent); crime and court convictions fell dramatically. The programme was pronounced a success. However, the research report that cites the programme's success has been attacked for its unscientific approach. Addicts were often unsupervised, many of them were multi-users who continued buying illegal drugs on the streets, and others maintain they weren't even hard-core heroin addicts when they started participating in the programme. Claudio Ponte smoked heroin three or four times a month... he hoped the novel treatment approach would help him. It didn't Construction worker Claudio Ponte was one of them. On oral methadone for 17 years, Ponte smoked heroin three or four times a month. Nonetheless, he signed on at the clinic in Olten, his home town in Northern Switzerland, hoping the novel treatment approach would help him kick his habit. It didn't. Once he joined the programme he started injecting heroin every day. "Some addicts have given up on their lives. For them it was agreeable," he recalls. "I wanted to get out. But as long as you're behind the wall of heroin nobody can reach you." Finally, Ponte did get out. But not thanks to prescription heroin. Sentenced to four years in prison for dealing heroin and cocaine, he accepted a judge's offer of bail on condition that he undergo detoxification and residential abstinence therapy. Since Christmas 1996 he has stayed off drugs. The solidly built 36-year-old now plans to work in drug-use prevention. What began as a brief trial aimed at drug-free lives has been transformed into long-term heroin maintenance - and is now part of a longer effort to 'normalise' illegal drug usage. At Bern's heroin clinic I asked doctors if I could meet with a patient considered a success of the PROVE programme. They introduced me to Miriam*, 39, a former nurse. Long ago, she had been a university student majoring in music and German with high hopes for the future. She'd used heroin and cocaine for eight years and was living in the streets before enrolling in the programme. Now she had a restaurant job and a flat, and had cut down her daily heroin dose. But as we talked, she twisted nervously in her chair. It was past the time of her usual evening fix. Like almost every other junkie in Switzerland's giveaway-heroin programme, Miriam is still an addict. Though the heroin experiment ended officially on December 31, 1996, "treatment" continues for the people still in the programme. "It would be unethical to stop giving them heroin now," says Dr Christoph Burki of Koda-1, the Bern heroin clinic. And in fact, what began as a brief trial aimed at drug-free lives has been transformed into long-term heroin maintenance -and is now part of a longer effort to "normalise" illegal drug usage in Switzerland. Last year, the Swiss Parliament approved a proposal to make heroin available to all hard-core addicts who fail in other treatment programmes. For the remainder of the country's drug users, proposed changes in the narcotics law may decriminalise all possession and use of all illegal substances. "Our experts tell us it doesn't make sense to distinguish between hard and soft drugs," says Dr Thomas Zeltner, director of the Swiss Federal Office of Public Health. Jean-Paul Vuilleumier, a campaigner for the anti-narcotics movement Youth Without Drugs, and an opponent of PROVE, worries that "other countries will now follow our bad example." They are. In the Netherlands, Italy, Germany and Denmark, Swiss-style programmes have begun or are being considered. In November 1997 the Civil Liberties Committee of the European Parliament recommended that EU member states decriminalise illegal drugs. However, the move was blocked by the Parliament's General Assembly. In Australia, a council of federal, state and territory health and law ministers, held in July 1997, backed proposals for a heroin-on-prescription pilot study. Initially to supply 40 Canberra addicts with free heroin for six months, the programme could eventually recruit 1000 heroin users in three Australian cities over two years. Before it could begin, however, Prime Minister John Howard vetoed the proposal in response to community concerns. The debate is not over yet. Last November both the Council of Capital City Lord Mayors and the cross-party Australian Parliamentary Group for Drug Law Reform voted to continue lobbying for new approaches to drug regulation, including prescription trials. "There's a strong case for considering seriously any new approach that has a reasonable chance of working," argues Alex Wodak, president of the Australian Drug Reform Foundation. "If our aim is to reduce deaths, disease, crime and corruption, why not use as a model Switzerland, where real progress is being made?" But decriminalisation experiments have already been tried. Sweden began giving away injectable drugs in 1965. They stopped two years later, because "neither drug use nor criminality decreased," says Torgny Peterson, Stockholm director of European Cities Against Drugs. "It was a complete disaster," he adds. Sweden now has the toughest drug laws in Europe. In England Dr John Marks handed out heroin to almost 200 patients for years with the aim of reducing addiction and drug related crime. Ironically, soon after PROVE was launched Dr Marks had his funding removed. Officials in England halted routine heroin handouts and transferred patients to other, cheaper treatment programmes. "There was no evidence that heroin prescription did anyone any more good than methadone," explains Dr Paula Grey, the district's public health director. Recipe For Disaster. The number of addicts in Switzerland has not decreased. But of more than 1500 places at drug-therapy hostels, whose purpose is to get addicts off drugs, some already remain untilled. "Switzerland has good therapeutic facilities, but government policies on drugs are undermining them," warns pharmacist and psychologist Dr Franziska Hailer. "The state is sending the wrong signal to young people." From Vienna, the International Narcotics Control Board watches the Swiss situation with concern but is powerless to intervene. "The Swiss are playing with fire, and we don't know where it will lead," cautioned secretary Herbert Schape. "Just imagine what would happen if countries like Pakistan, with hundreds of thousands of drug addicts, say to us 'What's good for the Swiss must be good for us too.' It's a recipe for disaster." * Name has been changed to protect privacy.
------------------------------------------------------------------- Jail, Cane For Not Providing Urine Sample (The Straits Times, in Singapore, says a man who defied prohibition agents by peeing in his trousers rather than provide a urine sample has been sentenced to six years' jail and three strokes of the cane. In Singapore, a first-time offender who fails to give a urine sample can be jailed for up to 10 years or fined $20,000 or both.) Date: Fri, 1 Jan 1999 20:45:11 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: Singapore: Jail, Cane For Not Providing Urine Sample Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Explorer Source: Straits Times, The (Singapore) Contact: straits@cyberway.com.sg Website: http://straitstimes.asia1.com/ Copyright: 1999 Singapore Press Holdings Ltd. All rights reserved. Pubdate: 1 Jan 1999 JAIL, CANE FOR NOT PROVIDING URINE SAMPLE A JOBLESS man who defied narcotics officers by peeing in his trousers rather than provide a urine sample has been sentenced to six years' jail and three strokes of the cane. Later investigations showed that Loke Tuck Fatt, 39, had taken heroin. The Central Narcotics Bureau highlighted the case on Wednesday. Loke is the first person to be sentenced under the Long Term Imprisonment rule for failing to provide a urine sample. The bureau's assistant director of intelligence, Mr Muhammad Azni Sarbini, said it was common for people resisting urine tests to wet their trousers, but this was the first time such a heavy punishment was meted out to one of them. Loke had been admitted to the Sembawang Drug Rehabilitation Centre in 1993 and 1996, and thus fell under the Long Term Imprisonment rule, which came into effect on July 20 this year. A first-time offender who fails to give urine samples upon request can be jailed for up to 10 years or fined $20,000 or both. Loke, who was on the wanted list after he failed to return to the Lloyd Leas Work Release Camp, was arrested on Dec 6. For failing to provide a urine sample, he was sentenced on Dec 24 to jail and the cane. He received another four months' jail for failing to return to the work release camp. Both sentences will run concurrently. -------------------------------------------------------------------
[End]
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